Resolving Family Disputes Without Going to Court in Enfield
When a family relationship breaks down, many people assume that going to court is the only option. In reality, there are several highly effective ways to resolve disputes about children, finances, and property without the stress, cost, and delay of court proceedings. At Adel Jibs & Co Solicitors, we help clients across Enfield, Edmonton, and North London explore every available option for resolving their family disputes.
The courts themselves actively encourage non-court dispute resolution (NCDR) — and in many cases, you are legally required to consider alternatives before you can even issue court proceedings.
What Is Family Mediation?
Family mediation is a process where an independent, trained mediator helps separating couples reach agreements about the issues that matter to them — including children, finances, property, and pensions. The mediator does not take sides or make decisions for you. Instead, they facilitate constructive discussions and help you find solutions that work for your family.
Key Features of Mediation
- Voluntary: Both parties must agree to participate, and either party can withdraw at any time.
- Confidential: Discussions in mediation are confidential and cannot be used as evidence in court (with very limited exceptions, such as safeguarding concerns).
- Faster: Most mediations are completed within a few sessions over a matter of weeks, compared to court proceedings which can take 12 months or more.
- Cheaper: Mediation typically costs a fraction of what court proceedings would cost. A full mediation process usually costs between £500 and £2,000 per person, depending on the complexity of the issues.
- Empowering: You and your former partner retain control over the outcome, rather than having a decision imposed on you by a judge.
- Child-focused: Mediation prioritises the needs of children and helps parents develop workable arrangements.
The MIAM Requirement — What You Need to Know
Before you can make most applications to the family court, you are legally required to attend a Mediation Information and Assessment Meeting (MIAM). This applies to applications relating to children (under Section 8 of the Children Act 1989) and most financial applications on divorce.
What Happens at a MIAM?
A MIAM is a short meeting (usually around 45 minutes) with a qualified mediator. During the session, the mediator will:
- Explain what mediation involves and how it works
- Assess whether mediation is suitable for your case
- Check for any safeguarding concerns, including domestic abuse
- Discuss other non-court options that might be appropriate
- Check your eligibility for legal aid to cover mediation costs
MIAM Exemptions
There are circumstances where you do not need to attend a MIAM before issuing proceedings, including:
- Domestic abuse: If there is evidence of domestic violence or abuse
- Urgency: If there is an immediate risk to the life, liberty, or physical safety of you or your children
- Child protection: If a local authority is involved in protecting a child
- Previous attendance: If you have attended a MIAM in the last four months
- Location: If there is no authorised mediator within 15 miles
Our solicitors in Enfield can advise whether you qualify for a MIAM exemption and, if not, help you prepare for your meeting.
Collaborative Law
Collaborative law is another increasingly popular alternative to court proceedings. In a collaborative process:
- Each party has their own collaboratively trained solicitor
- All four people (both parties and both solicitors) meet together in a series of round-table meetings
- Everyone signs a participation agreement committing to resolve matters without going to court
- If the process breaks down and either party decides to go to court, both solicitors must withdraw — this creates a strong incentive for everyone to work towards agreement
Collaborative law is particularly well suited to cases where the issues are complex, emotions are running high, but both parties are willing to negotiate in good faith. It provides the benefit of having your own legal adviser present throughout the process, unlike mediation where the mediator is neutral.
One Couple, One Lawyer
A newer option gaining popularity is the “One Couple, One Lawyer” model. In this approach, a single solicitor acts as a neutral adviser to both parties, helping them reach a fair agreement. The solicitor does not represent either party individually but provides legal information and guidance to help both parties make informed decisions.
This approach works best when:
- Both parties are broadly in agreement about the key issues
- The relationship is relatively amicable
- Both parties want to minimise costs
- There is no significant power imbalance between the parties
It is typically the most cost-effective option, as both parties share the cost of a single solicitor rather than each instructing their own.
Family Arbitration
Family arbitration is a private process where a qualified family arbitrator (usually an experienced barrister or solicitor) makes a binding decision on your dispute. Think of it as a private court hearing — but faster, more flexible, and entirely confidential.
Benefits of Arbitration
- Speed: You can choose your own timetable rather than waiting for court availability. A financial dispute that might take 12 months in court could be resolved in weeks through arbitration.
- Choice of arbitrator: You can select an arbitrator with specific expertise in your type of dispute.
- Privacy: Unlike court proceedings, arbitration is entirely private.
- Binding: The arbitrator’s award is binding and can be converted into a court order.
- Flexibility: Hearings can take place at a time and location that suits everyone.
Arbitration is available for both financial disputes and child arrangement disputes (under the IFLA Children Arbitration Scheme).
When Is Non-Court Resolution Not Suitable?
While we actively promote non-court resolution for our clients in Enfield and North London, we recognise that it is not appropriate in every case. Court proceedings may be necessary when:
- There has been domestic abuse or there are safety concerns
- There is a significant power imbalance between the parties
- One party is hiding assets or being dishonest about their finances
- Urgent action is needed (for example, to prevent a party from disposing of assets or removing a child from the country)
- One party refuses to engage in any form of negotiation or mediation
- There are complex legal issues that require a judicial determination
Our experienced family solicitors will always give you honest advice about which approach is best for your circumstances — even if that means recommending court proceedings.
Costs Comparison: Mediation vs Court
One of the most compelling reasons to consider non-court resolution is the cost. As a rough guide for clients in Enfield:
- Mediation: £500–£2,000 per person for a complete process
- Collaborative law: £5,000–£15,000 per person, depending on complexity
- Arbitration: £3,000–£10,000 per person, plus the arbitrator’s fees
- Court proceedings: £10,000–£50,000+ per person for contested financial or children proceedings
Beyond the financial cost, the emotional cost of protracted court proceedings should not be underestimated — particularly where children are involved.
Contact Our Family Mediation Solicitors in Enfield
If you are separating and want to explore your options for resolving matters without going to court, Adel Jibs & Co Solicitors can help. We offer clear advice on mediation, collaborative law, arbitration, and other non-court options.
Get in touch today:
- Phone: 020 3417 3859
- Email: info@adeljibssolicitors.co.uk
- Visit us: Our office in Enfield, North London
Resolving a family dispute does not have to mean a courtroom battle. Contact our Enfield team today to find out how mediation or other non-court options could work for you.
Serving Enfield, Edmonton, Southgate, Palmers Green, Winchmore Hill, Tottenham, Wood Green, and all of North London.