Author: Chris Wall

This second part focuses on the growing use of Arbitration, a form of ADR that can be used in both finance and children cases.

In some cases it becomes apparent very quickly that the parties positions may be polarized or so far removed that compromise and negotiation stand little chance of achieving agreement and instead, risk wasting valuable time and resources for no reward. In the past, those cases were paradigm for issuing at Court, so that a Judge could determine the dispute and impose an outcome. However, the continuing struggles of the Family Court have resulted in many cases experiencing many months delay and within rigid court processes.

These struggles have been partly responsible for the growth of Arbitration.

With Arbitration, the parties acknowledge that they need a decision to be imposed and their Arbitrator is appointed jointly. Therefore, the Arbitrator is specialist in the relevant field of family work (with many also sitting as part-time Judges). The Arbitrator can be tasked with determining the whole dispute or the issue that is frustrating negotiations. That resolution can be following a hearing, or just on paper. The process is confidential and organised to the parties’ convenience, meaning that Arbitrations can be resolved quickly. Ultimately, there is the flexibility to tailor the Arbitration to the specific needs of the parties.

We have supported and advised clients through the Arbitration process and with positive results and feedback.  We can provide further information, advice and support on the Arbitration process if it is something that you would like to consider. In that regard, do contact a member of our specialist family team and take advantage of our discounted fixed fee initial consultation. Our e-mail address is [email protected] and our telephone number is 01277 889193 (Essex)  020 35537115 (London).

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This article does not necessarily deal with every important topic or cover every aspect of the topics with which it deals. It is not designed to provide legal or other advice. If you require specialist advice on this topic, please contact us to discuss how we may assist you.

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