Method of settling disputes
Our aim is to assist you in arriving at a long-term solution. This calls for an understanding of the interests of the other party. It is therefore essential to enter into dialogue and as far as possible to settle disputes without involving the courts. Should this prove impossible, we act vigorously and effectively, and litigate efficiently.
There are various methods for settling disputes:
The aim of Mediation is to solve problems together, under the guidance of a neutral third party (the mediator). The mediator will supervise the process of negotiation in an atmosphere of confidentiality, and where necessary provides legal information and counsel to the parties. All the family law attorneys at Banning with five or more years’ experience have completed the specialist training provided by the vFAS (association for Family Law Attorneys and Divorce Mediators), qualifying them as mediators. In other words, Banning is the perfect address should you decide to settle the consequences of the breakdown of your relationship by means of mediation.
Collaborative Divorce offers the same advantages as mediation, while also ensuring that a balance is maintained between the partners in terms of knowledge, skills, emotion and power. Surrounded by a team of professionals, the divorce partners come together to arrive at a settlement of the consequences of the divorce or separation. Each partner is assisted by their own attorney-divorce mediator. The discussions are held under the supervision of a coach/psychologist. As necessary, an independent financial consultant is called in. The aim of the team is to arrive at a settlement in which all the interests of the partners, the children (if any) and any affected business are guaranteed, without recourse to the courts. In an environment of mutual respect and open communication, the foundations are laid for a new future.
If (former) partners are unable to settle their dispute, they can submit the dispute to the courts (litigation). Each partner is then represented by their own attorney at law. Once all the positions have been laid out in writing, the case is often discussed verbally in court. Following the verbal hearing, the court will pass judgement or determine that further information is needed in order to arrive at a decision, for example by means of the hearing of witnesses or the appointment of an expert. If one of the former partners disagrees with the court’s decision, that partner may lodge an appeal. In this case, the court of appeal will consider the dispute. If necessary, the option of cassation then remains open. Banning also has specialists in-house qualified to handle appeals before the Supreme Court (cassation).