If you are part of a family business you know how important it
is to stop the personal emotions affecting the business.
Divorce/separation are top stressors and if you or any of the
other members of your team are going through this, it is very hard
to keep the personal emotions from spilling over and harming the
Unfortunately divorce is part of modern life, but dealing with
the process the right way, can minimise the conflict and the impact
for the people involved. Resolution solicitors aim to try to assist
you through this difficult time by using various forms of dispute
resolution as alternatives to the traditional court process. For
example, you can us collaborative law to both work together with
your lawyers to find the most satisfactory way of sorting out the
financial consequences of a relationship breakdown.
In a traditional divorce the Judge and the lawyers have to work
within the narrow court regime on issues that the courts have
deemed important. In collaborative practice you are free to sort
out the problems that are the most important to you and to try to
find creative solutions that may be outside those that can be
imposed by the court.
Having four of you working together on a problem, with
additional professional advisors as necessary, gets those creative
juices flowing. You can come up with tailor made solutions to your
There are also options of mediation and arbitration which can
take out some of the confrontation and conflict. A resolution
solicitor can discuss these options with you, and help you decide
which is the best one for you.
Given the complex interrelationships in family businesses,
dispute resolution is an ideal way to move forward without the
hostility and bitterness often found in a traditional divorce.
Other family members can contribute to the problem-solving rather
than taking sides. You can preserve peoples’ dignity with the
control they have over their own divorce and in turn, the reduction
in animosity and bitterness means that the valued contributions of
family members that otherwise might be lost, can continue to add
value to the business.
You may also be able to preserve the family business, rather
than having to sell it as a consequence of the divorce/separation,
which might otherwise happen in a case disputed in court.
Dispute resolution can also be used for resolving business
disputes, not just for divorces.