TYPES OF NON-COURT DISPUTE RESOLUTION
MEDIATION - our approach
Mediation is a form of dispute resolution where a neutral third party, called a mediator, helps people in conflict come to a mutually acceptable agreement. It’s often used as a less formal, less expensive, and faster alternative to going to court.
Gardner Wildblood LLP is a specialist service offering non-court, psychologically informed dispute resolution for families, particularly in the context of separation and family breakdown.
What makes Gardner Wildblood LLP different is that we have a child expert working with a judge to resolve family issues. Although we have both trained as mediators, and Stephen Wildblood is a qualified arbitrator, our work together is not just mediation or arbitration.
Our work affords respect to the parties for the people that they are. We apply it across the full spectrum of family issues; it is not limited to cases concerning children. It is a collaborative model which is particularly effective in circumstances where, as in many cases, emotional and psychological factors have a significant impact upon the issues that need to be resolved.
As a clinical psychologist, Dr Gardner plays a pivotal role in assisting parties to explore the underlying emotional and behavioural issues that may be intensifying the conflict and complicating the process of resolution. In this way, the complex issues that frequently prevent resolution, such as emotional inequality, control, vulnerability and conflict-driven exhaustion can be addressed in the context of our work.
Concurrently, Stephen Wildblood is able to focus on understanding the underlying legal issues and guiding the process in a manner that is fully and legally informed.
We believe that by working together we can ensure a fair resolution process, and develop a comprehensive approach to mediation by addressing the emotional, legal and practical dimensions of disputes.
We aim to provide a balanced and supportive process where emotional and legal needs are addressed to create amicable resolutions and enduring outcomes.
SETTLEMENT MEETINGS
A settlement meeting involves Dr Gardner and Stephen Wildblood meeting with the couple (and their legal teams) to thrash out a settlement.
This approach is more directive than mediation. It involves Dr Gardner and Stephen Wildblood engaging actively with the clients (and their legal team), giving indications on issues that present themselves, giving clear views on legal issues, and actively being involved in the process of resolution.
We think that the advantages include the following:
It offers a system that involves the lawyer and the psychologist co-working with the family.
It is comprehensive – it can deal with the full range of family issues that arise following separation (e.g. finances and children).
It is confidential, private, consensual, voluntary and fast.
It involves the family being guided to find its own solutions without a decision being imposed on the family members concerned.
Not only does it lead to the resolution of the family issues, in most cases, but also leaves the parties as emotionally intact as is possible at the end of the process.
The solutions that are found as a result of the process are more enduring than decisions that are imposed upon the parties by a court.
ARBITRATION
Stephen Wildblood is committed to providing arbitration to help parents avoid having to go to court. Arbitration is a type of alternative dispute resolution where parties provide their case to an arbitrator, who looks at the evidence and decides what the outcome should be. The decision of the arbitrator is legally binding, although case law states that a dissatisfied party to family arbitration may apply to the family court on a basis that would be similar to an appeal from the arbitrator’s decision.
Finance Dispute Resolution (FDR)
Stephen Wildblood can preside over private FDR’s with the hope of settling the case quickly, without the need for further court intervention. If difficulties emerge, Dr Gardner can provide brief individual intervention for parents to support the process of resolution.