Divorce Financial Settlements Solicitors in Milton Keynes

Q: Do I have to try non-court dispute resolution before going to court?

In most cases, yes. Since April 2024, anyone wishing to make a court application in a family matter must first attend a Mediation Information and Assessment Meeting, at which a mediator assesses whether non-court resolution might work. There are limited exemptions, including cases involving domestic abuse or genuine urgency, and we can advise you on whether an exemption applies.

Q: What is the difference between mediation and arbitration?

In mediation, an independent mediator helps both parties reach their own agreement; the mediator does not make a decision and proposals only become binding once formally recorded. In arbitration, a qualified arbitrator hears both sides and makes a binding decision, which is then converted into a court order. Mediation gives you control over the outcome; arbitration gives you a definitive result where agreement has proved impossible.

Q: Is a non-court agreement legally binding?

An agreement reached through negotiation, mediation, or collaborative law is not automatically legally binding. To make it enforceable, it must be recorded in a formal document such as a Consent Order in a divorce, which a court approves on paper. Once approved, it carries the same weight as a contested court order. We will always advise you on the steps needed to make any agreement fully enforceable.

Q: Can non-court resolution be used for disputes about children?

Yes. Mediation, collaborative law, and arbitration can all be used for children matters. Child inclusive mediation offers a way for children's views to be heard in an age-appropriate and supported way, without asking them to choose between parents or take on decisions that are not theirs to make.

Q: What happens if non-court dispute resolution does not work?

If a non-court process breaks down, you can still apply to the court. The fact that you engaged genuinely with the process will be noted and is unlikely to affect your position adversely. Where an arbitrator has already made a decision, that decision will be converted into a court order.

Q: Can I get legal advice during mediation?

Your mediator will not give you legal advice; their role is to facilitate discussions. You can and should take advice from a solicitor before, during, and after mediation. We regularly advise clients between mediation sessions to help them understand their position and assess any proposals on the table.

Q: How long does non-court dispute resolution take?

This varies significantly by process and complexity. Straightforward negotiations or mediation can sometimes conclude in a matter of weeks. Collaborative law typically involves a series of meetings spread over several months. Arbitration can be quicker than court because the timetable is shaped around the parties rather than court availability.

Q: Is non-court resolution suitable if there has been domestic abuse?

In cases involving domestic abuse or a significant imbalance of power, some non-court processes may not be appropriate. Mediation in particular is not suitable where one person would be unable to participate safely or on an equal footing. We will ask about your circumstances and tell you honestly whether a given process is suitable, and advise on alternatives including court if needed.

Jump to: How We Can Help Why Us? What We Can Offer Our expertise Frequently Asked Questions

Collaborative law round-table meeting with family law solicitors – Purcell Solicitors Milton Keynes

“Lisa was a massive help in my mediation for my divorce. I achieved more in 3 months Mediation with Lisa than the 4 years it had taken with Solicitors, so grateful.” – Review Solicitors

How we can help

If you are dealing with a family law dispute and want to resolve it without going to court, our solicitors, who have over 25 years of experience in family law, can help.

Going to court is rarely the only option. For most couples facing separation, divorce, or disagreements about children and finances, several well-established processes allow you to reach a binding agreement without a judge ever deciding the outcome for you. These are known collectively as non-court dispute resolution. Since April 2024, the Family Procedure Rules 2010 have been amended to require everyone involved in a family dispute to genuinely consider non-court options before making a court application. Courts can now adjourn proceedings to allow parties time to attempt a non-court process, and at each stage of proceedings, both parties should be asked to confirm their position on those options.

Resolving matters outside court, where it is safe and appropriate to do so, is expected rather than exceptional. At Purcell Solicitors, we have advocated for non-court resolution long before it became a legal requirement. We serve clients across Milton Keynes, Buckinghamshire, Northamptonshire, Bedfordshire, Oxfordshire, and the wider Thames Valley. Our directors are ranked in Chambers and Partners for family and divorce law, and all of our solicitors are Resolution members, committed to helping you reach sensible, fair agreements in a non-confrontational manner.

Why Us?

Why Choose Purcell Solicitors for Non-Court Dispute Resolution?

Separating couples who want to avoid court often face a confusing range of choices. Some processes work well where both parties can still communicate; others suit situations where communication has broken down entirely. Some produce binding outcomes; others do not. We will explain the differences plainly and recommend what we genuinely think will work for your situation.

Please fill in our contact form and one of our Family Law Solicitors will call you to discuss your situation, or call us on 01908 693000.

Family law solicitor explaining non-court dispute resolution options to couple – Purcell Solicitors Milton Keynes

What we can offer

Our family law non-court dispute resolution services

We offer the full range of non-court options for family disputes, including:

Family mediation, where our independent mediator helps you and your former partner reach your own decisions on finances and children.
Mediation Information and Assessment Meetings (MIAMs), the required first step before any court application in most family cases.
Child-inclusive mediation, with our specialist mediator.
Collaborative law, where you and your former partner each instruct a collaboratively trained solicitor and resolve matters in a series of round-table meetings.
Early neutral evaluation, where an experienced family lawyer gives you a clear assessment of where you stand and what a court would be likely to decide.
Family arbitration, where a qualified arbitrator makes a binding decision on your dispute, often far more quickly than the court could.
Second opinion consultations, where we review what is proposed to be agreed and give you an independent view.
Lawyer negotiation, where we communicate directly with the other side on your behalf to reach an agreement without any formal process. This can include round table meetings and the use of a private Financial Dispute Resolution hearing to help reach a settlement.

Our-Expertise

Who we are

Our core family law team is made up of

Pauline Purcell, Managing Director, Family Solicitor, Mediator, Collaborative Lawyer and Family Arbitrator, with over 30 years of experience.

Mandi Austin, Director, Family Law Solicitor, a member of Resolution and an accredited specialist on the Law Society Family Law Panel, with over 25 years of experience in family law as a qualified solicitor.

Lisa Buckridge, Director, Family Law Solicitor, Collaborative Lawyer, Family Mediation Council-accredited Mediator, and fully accredited in Child Inclusive Mediation, with over 20 years of experience in family law

Haidee French – Family Law Solicitor, a Member of Resolution and an accredited specialist on the Law Society Family Law Panel with over 12 years of experience in family law

Stephanie Dodman, Family Law Solicitor, member of Resolution.

Chantelle Pusey, Trainee Solicitor