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Do It Out of Court: A Practical Guide to Dispute Resolution Processes in Family Law

Do It Out of Court: A Practical Guide to Dispute Resolution Processes in Family Law

Author: Karin Walker
Publisher: Law Brief Publishing
ISBN: 9781914608896
Published In: March 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 699.86

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Description
Contents

Details

In a world where an application to court should be seen in almost all cases as the absolute last resort, many family law practitioners surprisingly have little or no understanding of the benefit of ‘out of court’ dispute resolution processes and how they actually work on the ground. As the natural tendency is to ‘stick to what you know’ this can cause a nervousness and a reluctance to engage in any form of dispute resolution which is unfamiliar. This can give rise to unwittingly becoming ‘the other side’ whose intransigence is blamed for a failure to consider other alternatives.

Mediation/arbitration training courses are expensive – and not everyone wants to do additional training beyond their skills as a family lawyer. The purpose of this practical guide is to provide you with everything you need to know to support your client through all forms of ‘out of court’ dispute resolution with complete confidence.

First you are taken through the reasons why this might be beneficial to you as a practitioner – and of course your clients. You are then provided with a clear ‘step by step’ guide, intended to dispel all of the mystery of the unfamiliar. Armed with this clear and concise information you can comfortably move away from the court process and quickly find that there is an ‘out of court’ solution for almost every situation in which you are involved.

Introduction

Section One – First Considerations

Chapter One – Why, What and When? the Impact of the New Divorce Legislation

Chapter Two – The Expectation of the New Client

Chapter Three – Your Pressures as a Practitioner

Chapter Four – Raising the Issue of Out of Court Dispute Resolution With Your Client

Chapter Five – How to Approach the “Other Side”

Chapter Six – The Real Purpose of the MIAM and How to Get the Best Out of That Appointment

Chapter Seven – The Bespoke Nature of the Out of Court Methods of Dispute Resolution

Section Two – The Out of Court Options and How They Work in Practice

Chapter Eight – Mediation and Hybrid Mediation

Chapter Nine – Neutral Evaluation