Have you reached a sticking point in financial negotiations and need adjudication on a discrete issue or on the financial issues as a whole? If so, an arbitrator can be appointed to make a binding decision privately and outside of the court. This avoids delay and ensures continuity as only one arbitrator will deal with the matter. It is a flexible and efficient option to resolve financial and property disputes.
Arbitration is relatively new to the field of family law and there are some highly regarded family lawyers now practicing as arbitrators. If agreement cannot be reached on all of your family law issues or even on a discrete point, the matter can be referred to arbitration. Both you and your partner must agree to enter into the process and on the practical aspects of the arbitration, such as how the process should be conducted, how much disclosure and information is needed, who should be appointed as arbitrator and if the matter should be dealt with on paper or with you present.
It is a bespoke procedure, relevant to the issues in dispute which are decided by a competent and highly specialist arbitrator
The award of the arbitrator is binding and it is difficult to overturn the award. However, this should not be necessary as the arbitrator will be a highly experienced family lawyer or judge who the solicitors have recommended and so the award should be fair and reasonable.
This is a cheaper and quicker option that court for dealing with disputes that cannot be resolved through mediation or solicitor-led negotiation. The process is more comfortable and reliable. Any hearings can take place at venues of your choice and at a time and date that is convenient for you. Difficulties with court delays, judge availability and administration are avoided.
Arbitration can be used to resolve financial, property and children issues. In disputed children matters, arbitrators are trained to listen to the children and provide them with a voice in the process.
Divorce is rarely a smooth ride, and in the complex world of pension settlements, the recent McCloud judgment has thrown a hefty spanner in the works. ...Read more on our blog