Going to court

Going to court

If an agreement cannot be reached, an application is sent to the court, although this sometimes happens right away if there are urgent issues to be resolved.

In order to issue a court application, you will need to confirm that you have attended a MIAM (Mediation Information and Assessment Meeting), or have an exemption which means you don’t need to. A Resolution member can talk you through this process.

The court will then issue a formal timetable of next steps. If the court process reaches what is called the Final Hearing, the court has broad discretion to reach a final decision and make a Court Order, based on what the judge thinks fair.

Resolution lawyer can support you though the court process to help you reach a fair outcome as quickly and cost effectively as possible, and with the least amount of stress for you and your family.

What are the differences in the representation that is available?

While we recommend  a Resolution lawyer there are a number of different types of court representation that are available. The below table highlights the differences between Solicitors/Legal Executives, Direct Access Barristers, and McKenzie Friends, and what they can and can't do for you.

Differences in representation table

A - Different McKenzie Friends will be able to assist in different ways, depending on their background and experience.

 

B - Your public access barrister will discuss with you the extent to which they are able to communicate with the other party on your behalf.

 

C - In some circumstances, the Court can grant a McKenzie Friend the right to conduct litigation on your behalf.

 

D - You will, however, need the Court’s permission for your McKenzie Friend to attend the hearing with you.  They should produce a short CV or summary of their relevant experience.

 

E - Your solicitor may, depending on the type of hearing and nature of the case, instruct a barrister to represent you at the hearing.  They will discuss this with you before doing so.

 

F - In some circumstances the Court may grant a McKenzie Friend the right to address the Court on your behalf.