Solicitor Led Negotiations

Traditionally, all solicitors just used the solicitor led negotiations path.

Sometimes agreement would be reached and sometimes court proceedings had to be issued.

It is still possible to use solicitor led negotiations for all types of family disputes whether financial or child related.

Because the solicitor runs the case on your behalf, a distance can be created between you and the other party. This can be very useful and indeed necessary in cases where there has been domestic abuse or controlling behaviour. It is also a process that can be used to help rebuild trust so that another form of dispute resolution can be used later on.

In Financial Proceedings there is a formal process to follow, this is called the pre-action protocol. The pre-action protocol provides a structure that will allow your solicitor to guide you step by step through obtaining financial information (known as disclosure), asking questions about the information to negotiating a settlement. If the process breaks down, then Court Proceedings can be issued.

The solicitor led negotiation route can also be a starting point. Separating can be very difficult, and emotions can run high. Sometimes, it can be useful to have a bit of distance, collect all your financial information together and take some legal advice then, perhaps, you can choose a different process later on.

Until Court Proceedings are issued, this process is voluntary on both sides and consists of writing letters, telephone calls and sometimes round table meetings. You can take things as quickly or as slowly as you like, and it can be used flexibly. You can have time out from the negotiations to talk directly to your spouse or ex -partner, you could have a round table meeting or, as previously explained, you can change the process entirely.

Unlike the DIY process, the solicitor is guiding your case and providing you with options and advice throughout. With this information, you then instruct your solicitor as to how you wish to proceed.

All our solicitors undertake solicitor led negotiations.