- Dedication
- Acknowledgements
- New to this Edition
- Preface
- Guided Tour of the Online Resource Centre
- Glossary
- Table of Cases
- Table of Statutes
- Table of Secondary Legislation
- Table of European Secondary Legislation
- Table of International Legislation
- Table of Codes of Practice
- Part 1 Introduction
- 1. Family Law Practice and the First Interview
- 2. Funding
- 3. Alternative Dispute Resolution in Family Law
- 4. The Single Family Court
- Part 2 Relationship Breakdown
- 5. Separation and Nullity
- 6. Divorce
- 7. Defences to Divorce and Dissolution
- 8. Jurisdiction
- 9. Procedure for a Matrimonial Order
- 10. Civil Partnership Act 2004
- Part 3 Money and Property
- 11. Financial Orders following divorce or dissolution
- 12. Financial Orders
- 13. Pre-Marital Agreements
- 14. Procedure for Financial Orders
- 15. Variation, Collection, and Enforcement of Financial Orders
- 16. Protecting Assets and the Family Home in Financial Order Proceedings
- 17. Separation and Maintenance Agreements
- 18. Child Support
- 19. Pensions in Financial Proceedings
- 20. Taxation in Family Law
- 21. Welfare Benefits
- Part 4 Cohabitation
- 22. Cohabitation
- 23. Cohabitation and Finance
- Part 5 Children
- 24. Introduction to the Children Act 1989
- 25. Parental Responsibility
- 26. Private Children Law
- 27. Private Children Law Procedure
- 28. Child Abduction
- 29. Children in Local Authority Care
- 30. Emergency Protection of Children
- 31. Public Children Procedure
- 32. Child Protection Conferences
- Part 6 Domestic Abuse
- 33. Protection under the Family Law Act 1996: Non-Molestation Orders
- 34. Protection under the Family Law Act 1996: Occupation Orders
- 35. Protection under the Family Law Act 1996: Emergency Protection and Enforcement
- 36. Protection under the Family Law Act 1996: Procedure
- 37. Protection from Harassment
- Index
(p. 25) 3. Alternative Dispute Resolution in Family Law
- Chapter:
- (p. 25) 3. Alternative Dispute Resolution in Family Law
- Author(s):
Jane Sendall
- DOI:
- 10.1093/he/9780198787716.003.0003
This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including Alternative Dispute Resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It also briefly considers a recent development in family ADR: arbitration.
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- Dedication
- Acknowledgements
- New to this Edition
- Preface
- Guided Tour of the Online Resource Centre
- Glossary
- Table of Cases
- Table of Statutes
- Table of Secondary Legislation
- Table of European Secondary Legislation
- Table of International Legislation
- Table of Codes of Practice
- Part 1 Introduction
- 1. Family Law Practice and the First Interview
- 2. Funding
- 3. Alternative Dispute Resolution in Family Law
- 4. The Single Family Court
- Part 2 Relationship Breakdown
- 5. Separation and Nullity
- 6. Divorce
- 7. Defences to Divorce and Dissolution
- 8. Jurisdiction
- 9. Procedure for a Matrimonial Order
- 10. Civil Partnership Act 2004
- Part 3 Money and Property
- 11. Financial Orders following divorce or dissolution
- 12. Financial Orders
- 13. Pre-Marital Agreements
- 14. Procedure for Financial Orders
- 15. Variation, Collection, and Enforcement of Financial Orders
- 16. Protecting Assets and the Family Home in Financial Order Proceedings
- 17. Separation and Maintenance Agreements
- 18. Child Support
- 19. Pensions in Financial Proceedings
- 20. Taxation in Family Law
- 21. Welfare Benefits
- Part 4 Cohabitation
- 22. Cohabitation
- 23. Cohabitation and Finance
- Part 5 Children
- 24. Introduction to the Children Act 1989
- 25. Parental Responsibility
- 26. Private Children Law
- 27. Private Children Law Procedure
- 28. Child Abduction
- 29. Children in Local Authority Care
- 30. Emergency Protection of Children
- 31. Public Children Procedure
- 32. Child Protection Conferences
- Part 6 Domestic Abuse
- 33. Protection under the Family Law Act 1996: Non-Molestation Orders
- 34. Protection under the Family Law Act 1996: Occupation Orders
- 35. Protection under the Family Law Act 1996: Emergency Protection and Enforcement
- 36. Protection under the Family Law Act 1996: Procedure
- 37. Protection from Harassment
- Index