Family issues can be emotionally complex and often lead to costly, time-consuming court proceedings. The Whitehead Monckton Family Law team is committed to helping you avoid that outcome by offering tailored alternatives suited to your situation.
We assist with:
Our range of constructive resolution options includes:
Whichever option you decide is most appropriate for you, we are committed to helping you find the way forward with care, compassion and the best interests of your children and you at heart.
Each method offers a less confrontational alternative to the traditional court environment, focused on achieving fair, mutually agreed and lasting outcomes. It can also achieve a faster resolution, avoiding delays associated with the court process.
At your first consultation, we will spend time with you to understand your circumstances and goals. Then we’ll recommend the best options for your needs and budget. We can support you through the process, and with our expert guidance, you can make informed decisions that protect your interests and those of your family.
Our Family lawyers are members of Resolution, a community of family law professionals in the UK promoting respectful, solution-focused family law practices.
In mediation, couples meet with a neutral mediator to find practical, fair solutions without court involvement. The mediator facilitates discussion but doesn’t provide legal advice—you’ll still need a separate lawyer for that.
This choice is ideal for those who wish to reach an agreement without having to go to court, giving you more control over your situation and less conflict with the other person. It’s flexible and can adapt to changing circumstances, especially when children are involved.
How family mediation works
Mediation sessions are tailored to your comfort—either joint meetings or separate rooms with the mediator shuttling between. With the mediator’s support, you set the agenda and can also invite experts like financial advisers, pension experts or therapists.
If you do decide to go to court with your case, a judge may expect you and your partner to have engaged in mediation before applying to the court.
What is a MIAM?
A Mediation Information and Assessment Meeting (MIAM) is your first meeting with a Family Mediation Council Accredited (FMCA) accredited mediator to assess for mediation. The meeting usually lasts around 30 minutes, and covers:
What happens after the meeting?
The mediator will be able to assess if your circumstances are suitable for mediation, and will be able to advise you of the next steps. Mediation is a voluntary process. Even if it is recommended, it’s your choice.
If, after your MIAM, it’s clear that mediation isn’t right for you, the mediator can give you a signed form, confirming that you have attended a MIAM, to be incorporated into an application to commence Court proceedings.
How much does family mediation cost?
The cost of family mediation depends on the specific services needed, such as divorce agreements, child custody issues, and financial arrangements for property, debts, trusts and pensions.
Some mediation practices charge on an hourly basis. Others may charge by the session or per fixed price meeting. We will advise you on the cost of mediation per person when you contact us.
If you believe that you are unable to afford mediation, you may qualify to receive public funding. This will only be granted once you answer the questions on the Gov.uk website about the specifics of your legal issues and income. Whitehead Monckton cannot offer public funding (Legal Aid), so we do recommend that you investigate this option separately.
Dawn Harrison and Lucy Nevard are trained and experienced family law mediators.
This approach involves our experienced family lawyers working directly with you to guide constructive discussions, to resolve matters like child arrangements, financial settlements, and separation terms.
We focus on helping you to understand each other’s interests, and exploring mutually beneficial solutions. Our compassionate lawyers guide your family matters towards a resolution in a way that protects your rights and promotes lasting, positive outcomes for everyone involved.
Divorce law now allows a specially trained lawyer to work together with a couple to advise them on all issues arising from their separation. This process suits couples who feel able to work together to resolve all issues fairly and amicably. Whilst it is not suitable for all separating couples (and there will be an initial meeting held with each person first to assess suitability for the process), there can be significant cost savings, as one lawyer’s costs are shared equally. This choice is ideal for those who wish to reach an agreement without having to go to court, giving you more control over your situation and less conflict with the other person.
How does the one lawyer/one couple process work?
The lawyer provides advice to both of you together about divorce law, financial law and children law so that you can discuss and agree a settlement.
In a series of joint meetings with your lawyer, you will provide mutual financial disclosure and discuss all issues arising from your separation.
If you reach an agreement, the lawyer can then prepare all the necessary court documents and assist you with ensuring that your agreement is converted into a binding court order.
The lawyer can also bring in third parties to help, including pension on divorce experts, accountants or family consultants. If you are able to reach an agreement on most areas but some remain, it is also possible to then refer the final issues to either a pFDR hearing or arbitration.
In some cases the lawyer may feel one or both of you needs additional, individual advice. This process enables you to be referred to a third-party lawyer for independent advice on a niche issue so that you can return to the joint sessions for further discussions.
How much does the one lawyer/one couple process cost?
Costs vary by firm. Most lawyers will charge on an hourly rate basis for all meetings but the hourly rate can differ for the joint meetings (where the lawyer is working for both of you) from the initial intake meeting (where the lawyer is seeing you individually).
Emma Palmer is a trained and experienced One Lawyer/One Couple lawyer.
Collaborative law encourages separating couples to work together on settling their matrimonial issues, rather than using the courts.
It is a non-confrontational process involving a series of round-table meetings.
Each of you has a specially trained lawyer, who helps you to set the agenda, and everyone commits to reaching a fair agreement through open, respectful dialogue. This process encourages cooperation, reduces conflict, and focuses on the best outcomes for everyone involved.
How does the collaborative law process work?
Two collaboratively trained lawyers (appointed from separate firms) provide advice to both of you about divorce law, financial law and children law so that you can then discuss and agree everything together.
During a series of joint meetings with you and your lawyers, you’ll provide mutual financial disclosure and discuss all issues arising from your separation. If an agreement is reached, the lawyers can then prepare all the necessary court documents and assist you with ensuring that your agreement is converted into a binding court order.
The lawyer can also bring in third parties to help, including pension on divorce experts, accountants or family consultants. If you’re able to reach an agreement on most areas but some remain, it is also possible to then refer the final issues to either a pFDR hearing or arbitration.
How much does the collaborative law process cost?
Most lawyers will charge on an hourly rate basis for all meetings but the hourly rate can differ for the joint meetings depending on the hourly rate of the chosen lawyer.
Dawn Harrison, Daniel Bennett, Sarah Brissenden and Emma Palmer are all trained and experienced collaborative lawyers.
Sometimes it is not possible to resolve issues around separation through non-court dispute resolution options, and a court application is another option to resolve issues relating to finances or children. If there is an urgent need to protect people or property, or to secure interim support, court proceedings are often a necessary step.
Court proceedings are very adversarial and not completely confidential. They are also invariably the most expensive process and take the longest time, since there are significant delays in the court system.
At Whitehead Monckton, all our lawyers are specialists in court work when required and, if it is necessary to issue a court application, they can assist you throughout the process to secure the best outcome for you.
Sometimes, it is helpful in family proceedings involving finances to involve an independent specialist family lawyer to advise on an outcome.
This option involves you jointly appointing an independent financial remedy specialist lawyer (often a very experienced barrister or solicitor) to act as a private judge to help you reach an outcome in relation to your finances.
FDR appointments form part of the mandated court process in dealing with finances, but a pFDR allows you to choose the specialist and the timing of any hearing. This gives you the freedom to choose the professional you want jointly and, unlike within the court process, the professional you choose will have the time to have carefully considered all aspects of the case before the agreed hearing and will be dedicated to your case only on the day of the hearing.
Private FDR hearings are now so successful that, during the mandated court process, many cases are being referred out to a private FDR hearing to speed up the process towards resolution.
This option involves an independent financial remedy specialist lawyer (often a very experienced barrister or solicitor) assessing your situation and providing you with an assessment or evaluation of how a court might deal with your particular circumstances. This process can be particularly helpful in complex financial matters or where you need to have some kind of indication of what a court might decide.
Arbitration is a private alternative to court where both parties agree to be bound by the decision of an independent arbitrator—similar to having your case decided by a judge. Unlike court hearings, arbitration can be arranged quickly and often leads to faster resolutions.
It can be used for both financial and children-related matters. You choose your arbitrator and decide how the process will run, giving you control over who hears your case and how much of the formal court process you follow. This flexibility can save time and legal costs by avoiding some mandatory hearings.
Arbitration is especially useful when most issues have been resolved through other methods but a final point remains. Decisions can be made after a hearing or via written submissions, with the arbitrator issuing a binding decision.
Learn more about the arbitration process by visiting The Institute of Family Law Arbitrators.
Some couples can resolve most separation or child-related issues directly, needing only occasional legal advice. This is often called ‘unbundled legal services,’ where your lawyer provides tailored guidance and helps draft key documents like consent order papers once a financial settlement is reached.
A clear understanding of mutual responsibilities is essential. Your lawyer will outline what each of you is expected to handle from the start.
All our family lawyers at Whitehead Monckton offer unbundled support and are happy to discuss whether it suits your situation and what level of help you may need.
