Alternative dispute resolution

Many people believe that involving lawyers is only necessary when court proceedings become unavoidable. It’s a familiar story: communication with your ex-partner has broken down, tensions are high, and court seems like the only path forward — just like in every courtroom drama. But the reality is often very different.

There has been an increase in demand for resolving disputes outside of courts, focusing on family relationships, looking for the best solutions to allow both parties to consider less time consuming and often less costly options.

Alternatives to contested court proceedings can be considered either before the case is issued or with proceedings in place already, as it may still be a better option to try and resolve the matter before the final hearing.

Court proceedings can be lengthy, stressful, and expensive. With court backlogs delaying even urgent matters, and legal costs quickly mounting, the process can feel overwhelming. Meanwhile, the real-life issues you hoped to resolve — such as childcare arrangements or financial stability — remain unresolved.

While litigation is sometimes the only viable option, it’s not always the right or only route. Every family situation is unique, and at IMD Solicitors, we believe that one-size-fits-all solutions rarely provide the best outcome. That’s why we offer a range of Alternative Dispute Resolution (ADR) methods designed to help you find practical, cost-effective solutions outside the courtroom.

Our team is here to support you in exploring the right approach for your circumstances.

Mediation

Mediation is one of the most commonly used methods of resolving family disputes without going to court. In fact, in most cases, attending a Mediation Information and Assessment Meeting (MIAM) is a required first step before applying to the court.

However, mediation is much more than just a tick-box exercise. When approached with an open mind, it can be a powerful tool for resolving conflict and finding common ground — even in challenging circumstances.

Why choose mediation?

Confidential and respectful: Unlike court proceedings, mediation takes place in a private, controlled environment where you have space to talk through sensitive issues.
Cost-effective: Mediation is usually significantly cheaper than litigation.
Flexible: Sessions can be scheduled at times that work for you, including remotely if needed.
Collaborative: It encourages open dialogue and cooperative decision-making.

It’s important to note that mediation outcomes are not legally binding on their own. However, our solicitors can prepare a consent order to formalise any agreement reached, ensuring it is recognised and enforceable by the court.

Mediations may not always be suitable and it is always worth consulting with a solicitor as to whether this avenue is worth exploring or best course of action.

Private Dispute Resolution (PDR)

Private Dispute Resolution involves instructing a privately-appointed judge — often a retired judge or senior barrister — to give a view on how the case would likely be resolved in court. This can provide valuable insight and help parties reach a negotiated agreement more efficiently.

Advantages of PDR:

Quicker resolution: Avoid lengthy delays associated with the court system.
Greater control: Choose your judge, location, and schedule.
Cost-saving: Streamlined proceedings can significantly reduce legal expenses.
Flexible outcomes: The indication from the judge can guide negotiations or be used as the foundation for a settlement.

Arbitration

Arbitration offers a legally binding resolution without going through the traditional court system. You and your ex-partner appoint an experienced family law arbitrator who will hear both sides of the case and issue a final decision.

Key benefits:

Legally binding: The arbitrator’s decision carries the same weight as a court order.
Faster process: Cases can often be resolved much more quickly than through the courts.
Privacy: Arbitration takes place in a confidential setting.

This is an ideal option for complex disputes where a clear decision is needed, but court involvement is best avoided. There will still be a need to ensure that a formal consent order is drafted following arbitration to ensure that the agreement is enforceable.

Negotiation Through Solicitors

Sometimes, direct communication between parties is not possible or productive. In these cases, our solicitors can act on your behalf to negotiate an agreement that protects your rights and reflects your needs.

Our clients often choose this route when:

There is a power imbalance between the parties
Emotions are running high
There is a lack of clarity about what is fair or realistic under the law

Negotiations handled by legal professionals help ensure that both parties are operating with accurate legal understanding, preventing unreasonable expectations and promoting fair outcomes.

If you believe that alternative dispute resolution will be appropriate in your case, at IMD Solicitors we will:

Explain your options and recommend the most suitable dispute resolution tool for your situation.
Negotiate on your behalf to ensure your best interests are protected.
Draft legally binding agreements that reflect what has been agreed between parties.
Provide ongoing legal advice to ensure any proposed agreement is fair and reasonable.

With extensive experience in complex family matters — including cases with international elements — our team is well equipped to guide you through even the most sensitive situations.

Example of cases we have dealt with:

F v F - Acted for a German husband in a complex financial remedy matter. He decided to instruct IMD Solicitors after he had lost trust in his previously instructed solicitors and feared that he would not achieve a favourable outcome from the proceedings. The relevant assets were spread across the globe with some located in the UK (including a multi-million pound business), Gibraltar, Spain, Dubai, and Poland. The overall value of assets exceeded £24 million. The husband had been cut off from the matrimonial assets and excluded from control of the business that had been established by his family. The case involved the instruction of numerous experts, for business valuations, Capital Gains Tax reports, and opinions on the enforcement of orders in foreign jurisdictions, and dealing with several applications, including applications for orders to freeze assets, prevent the disposition of assets, for the joinder of parties, and to litigate conduct issues. The final result exceeded the client’s expectations.

L v L - We were instructed by a mother in a complex international children matter. She was required by orders of the UK courts to return the child to the UK from Poland. She had travelled with the child to Poland but, following unsuccessful application to extend her stay there in August 2017, she decided not to return to the UK because the child disclosed sexual abuse by a member of the paternal family and the father. In September 2018, the Polish court dismissed the father’s Hague Convention application for the child's return on the basis of Article 13(b), a decision which the father appealed. In March 2019, the father applied to the UK High Court for an order for the child’s return pursuant to the procedure set out in Article 11(6) – (8) of the Brussels IIA Regulation. Despite the father's unsuccessful Hague Convention application in Poland, the UK court ordered the return of the child. Article 11 does not allow the court of the returning country much discretion. After all of this, the mother instructed IMD Solicitors to apply to discharge the orders of the UK Court for the return of the child. Even in the face of the fact that most applications to discharge such return orders fail, we succeeded. We are currently awaiting a decision in the UK courts on a further application for the transfer of jurisdiction to the Polish courts where the mother resides with the child.

G v P - We represent a Spanish mother in respect of an urgent application for a Child Arrangements Order and Specific Issue Order in the UK seeking the relocation of the child to Spain. This was after the return of the child to the UK under Hague Convection proceedings which this mother lost in Spain. She was asking for an order for the relocation of the child back to Spain and an urgent interim Child Arrangements Order to allow her to see the child pending the final outcome of the UK proceedings. IMD successfully argued that, regardless of the return of the child to the UK under the Hague Convention, the mother should be allowed unsupervised overnight contact with the child. We were delighted to be able to secure her contact with the child for Christmas and she said that it was the best Christmas gift she could have wished for. The outcome of the application for the relocation is pending.

S v V - We currently represent the father in Child Arrangements Order proceedings issued by the mother in relation to variation of a UK order made in the face of numerous other international proceedings. He is an Italian National who has been living in France for the last 20 years and the mother is a Lithuanian national. The child is now 11 years old and proceedings concerning the child have been ongoing in various jurisdictions for the majority of the child`s life. Contested divorce proceedings including child arrangements took place in Monaco. The French Court and authorities were also involved, and various proceedings had been ongoing between parties since 2013 in France and Monaco. The parties’ divorce was pronounced in Monaco. Thereafter, in December 2020, the mother submitted an application to relocate to England with the child, and the relocation took place in June 2021. Upon relocation, the she lodged a child arrangement order application, seeking to register a judgment made in Monaco and to vary the same in respect of the contact arrangements between the father and the child. The father seeks for the child’s return to Monaco. Due to the parties’ mutual allegations and the associated international elements, various authorities and courts that have been involved in the case, the local authority has become involved with the family and a guardian has been instructed to represent the child in the UK proceedings. At present, these proceedings in England are ongoing and the outcome of the professional reports regarding the family are awaited.

P v P - We have acted for the Respondent Husband in relation to the financial remedy proceedings in the UK. The parties had various assets in the UK and Romania consisting mainly of the portfolio of properties but conduct issues were raised by the Wife due to a business of the Husband over which she had lost control and her allegations of dissipation of assets. The value of assets excluding the business were in a region of £3 million.

K v K - We act in financial remedy proceedings for a wife who is a Polish national. The matter's complexity mainly comes from a dispute between the parties around land in Poland. Its value was initially in dispute but was then assessed by a joint expert to be in the region of half a million pounds. The total assets in this case are estimated to be worth over £1 million. The land in Poland is a subject to contract with a third party and is being leased as a photovoltaic (solar) farm. The division of the land to achieve an equal share of the assets is complicated due to the contract in place and plans for the future use of the land. Currently the parties are awaiting a final hearing but efforts are being made to reach a settlement with the aid of alternative dispute resolution and in order to save the parties money and avoid further delays.

R v O - We acted pro bono and worked together with a law firm in Poland to ensure that the Costa Rican Mother regains access to her child. The Mother's only child was abducted from the UK in 2014. The Mother was successful with the abduction case and the UK family courts ordered the return of the child. The orders were recognised in Poland but unfortunately due to various issues with the Mother's immigration status and court's delays in Poland, the orders were never enforced. The Mother was facing removal from the UK and prospects of never seeing her child again. We have corresponded with various courts in Poland dealing with international abduction matters and we decided that an application for contact should be issued rather than any proceedings for further enforcement of the orders, as the Mother had not seen the child for around 7 years. At the same we secured the Mother's stay in the UK making successful outside of immigration rules application
to extend her stay. We now receive regular photos from the Mother with her daughter, as face to face contact is taking place. We helped to secure an order of the Polish courts for the Mother to see the child regularly in person, whilst when she instructed us she was facing a prospect of never seeing her child again and being deported to Costa Rica.