In Berkshire, as throughout the UK, the Family Court encourages separating families to resolve their disputes without the need for a final court hearing. This range of non-court methods is collectively known as Alternative Dispute Resolution (ADR).
Utilising ADR methods can be quicker, less stressful, more cost-effective, and—crucially—allows you to retain control over the decisions affecting your family, rather than leaving them to a judge.
Here are the key ADR options available to families in Berkshire (including Reading, Newbury, Windsor, Maidenhead, and Slough):
1. Family Mediation
Mediation is the most common form of ADR and is the mandatory first step before applying to the Family Court in most cases. A qualified, impartial mediator helps both parties communicate and negotiate an agreed outcome on issues like children's arrangements, property, and finances.
- Mediation Information and Assessment Meeting (MIAM): This initial, mandatory one-to-one meeting with a mediator in Berkshire will assess the suitability of your case for mediation and, if required, issue the certificate needed to proceed to court.
- Legal Aid and Vouchers: Many Berkshire mediation services (such as Amity Mediation Services) hold a Legal Aid contract, meaning the process can be free if you are financially eligible. Furthermore, the Government's Mediation Voucher Scheme offers a contribution of up to £500 towards mediation costs for cases involving children.
- Child-Inclusive Mediation (CIM): With the consent of both parents, a specially trained mediator can meet with a child to understand their wishes and feelings, which are then relayed back to the parents (with the child's permission) to inform the final agreement.
2. Collaborative Law
Collaborative Law is a process where you and your former partner each appoint a specially trained collaborative family solicitor (available in Berkshire) to work together as a team.
- Team Approach: All discussions, negotiations, and meetings take place face-to-face with all four people (you, your partner, and your respective lawyers) present.
- Commitment to Resolution: Both parties and their solicitors sign a Participation Agreement, committing to resolve the issues without going to court. If the process breaks down, both lawyers must withdraw, and new solicitors must be instructed for any court action, which provides a strong incentive to reach an agreement.
3. Arbitration
Family Arbitration is an increasingly popular, court-private process where a neutral third party (the arbitrator, often a senior solicitor or barrister) is appointed to make a final, legally binding decision on your dispute.
- Binding Decision: Unlike mediation, the arbitrator will review the evidence and then impose a final decision, which is legally enforceable by the court.
- Speed and Flexibility: It is generally much faster than waiting for a court date and allows you and your ex-partner to choose the date, time, location, and the specific issues to be determined. It offers a private alternative for couples, particularly those with complex or high-net-worth financial matters, who do not wish to wait for the judicial process.
Feature Alternative Dispute Resolution (ADR) Family Court Litigation
Control You retain control over the outcome. A judge makes the final decision.
Cost Typically significantly cheaper. Expensive, with unpredictable legal fees.
Speed Can be resolved in weeks or a few months. Can take 9-18 months, or longer.
Privacy Completely confidential and private. Public proceedings, less control over details.
Future Encourages better future co-parenting relationships. Adversarial, often increases conflict.
Before making an application to the Family Court in Reading or any other court, it is highly recommended that you consult a local Berkshire-based family law solicitor or an accredited family mediator such as Amity Mediation Services to discuss which of these non-court options is best suited for your family's unique circumstances.
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Areas covered
Eton Earley Bracknell Caversham Cookham Datchet Finchampstead Hungerford Langley Maidenhead Newbury Reading Sandhurst Slough Sonning Streatley Sunningdale Sunninghill Thatcham Theale Tilehurst Twyford Warfield Windsor Winkfield Wokingham Wraysbury
We are proud to work with the people of Berkshire , officially the Royal County of Berkshire. Berkshire is a historic county in South East England characterized by its affluent commuter towns, royal connections, and concentration of technology companies along the M4 corridor, earning it the nickname "Silicon Fen." Its largest town is Reading, a significant economic hub and commercial centre situated at the confluence of the River Thames and the River Kennet. The county's fame largely stems from Windsor, home to Windsor Castle, one of the official residences of the British monarch. Other key towns include Slough, a major industrial and commercial area with excellent transport links; Maidenhead, known for its riverside setting; and the historic market town of Newbury, famous for its racecourse and proximity to the Highclere Castle estate. The River Thames forms the northern boundary, lending picturesque landscapes to the county's northern towns.