Taylor Vinters - Solicitors

Yesterday, being the first working Monday in January, was ‘D-Day/Red Hot Monday’ the day upon which we are most likely to pick up the phone to a divorce lawyer. But is this just an urban myth? Not according to Jackie Wells, Head of the Family Law Team at Taylor Vinters, who expects something in the region of a 25% increase in new client enquiries throughout January and February.

Inevitably, there is public curiosity surrounding the breakup of high profile couples, Perry and Brand being the most recent example, but Jackie says that most people facing the prospect of a divorce want to know how to do so with the least collateral damage to their children, finances and business interests. For her team, D-Day has presented an opportunity to draw attention to the renewed focus on alternative ways of resolving family disputes without going to court brought about by a recent procedural change to the court process.

Since April 2011 (subject to limited exceptions) anyone wishing to issue a court application in relation to financial matters or the arrangements for their children must first attend a Mediation Information and Assessment Meeting (MIAM) to find out  what options are available to them to assist in resolving any dispute arising out of their separation. Where their case is suitable, they are encouraged to opt for mediation or collaborative family law instead of heading towards court. Bad news for divorce lawyers you might think. Far from it, insists Jackie: mediation and collaborative law have long been an integral part of her team’s offering.

Not everyone is suited to these approaches and they will only work where clients make a genuine commitment to acting fairly. There are always going to be cases where a robust approach is required to protect a client’s interests and court is the best way of doing that. For others, the delay, expense, unpredictability and unpleasantness of court proceedings, combined with the belief that there has to be a better way of doing it, has sparked a renewed interest in mediation and collaborative law that Jackie and fellow members of the Cambridge Collaborative Family Law Group positively welcome.

Jackie Wells says that these alternatives are becoming increasingly popular with her clients who are predominantly owner managers and businessmen and women. So what are the advantages and how does it work?

• Control: the couple can prioritise the issues that are important to them. In a business context, this might be preserving the asset for the next generation or waiting for a certain event to occur.

• Timing: there are no court-imposed deadlines. The couple can dictate their own pace. Meetings often happen outside core business hours, which is less disruptive, and the negotiations can be scheduled around personal circumstances or business commitments.

• Confidentiality: the media now has access to some family court proceedings. Both the mediation and collaborative processes are completely private.

• Communication: it is not always easy for separating couples to sit round the table. In a well-managed process where everyone is made to feel comfortable, the fact that the discussions happen face to face can allow for immediate clarification of issues that might otherwise take several rounds of correspondence between lawyers.

• Self-determination: intelligent businessmen and women are used to being in control. Mediation and collaborative law allow the couple to conduct their own negotiations with assistance as required from their lawyers, as opposed to feeling that they have handed their case over.

• Child-centric: within both processes, clients are encouraged to consider the outcome for the family as a whole. 

• Cost: in cases where there are business assets or other complex financial structures, the legal fees and experts’ costs can be disproportionate within the litigation process. Depending on the issues involved, the costs of mediation can be about 25-30% of the bill for a fully contested Court case. 

Mediation involves a number of face-to-face meetings between the couple and an independent mediator. Typically, these last 90 minutes each. The role of the mediator is as neutral facilitator and manager of discussions between the couple.  Mediators can give information about the law but must remain impartial so cannot give specific advice to either party. For that reason, it is crucial that both parties seek independent legal advice on the terms of any proposed settlement. Only at the point at which the agreement is drawn up by the lawyers is it legally binding. The client conducts their own negotiations and the need for lawyer involvement depends on the complexity of the case.

Jackie Wells is a partner and head of the family law team at Taylor Vinters, specialising in financially complex divorce cases. She is a mediator and collaboratively trained lawyer practising in both Cambridge and London. Visit www.taylorvinters.com/services/separation-divorce