Author: Melanie Steeples

When you need help in resolving the matrimonial finances but you wish to avoid the delays of court proceedings – Arbitration could be the answer

Unfortunately, it is often impossible for parties to reach an agreement in regards to their matrimonial finances as a part of their divorce. They are therefore left in a situation whereby they have no alternative but to rely on the Court system and the involvement of a Judge to decide the outcome. However, backlogs in the family system mean finalising a divorce through the Courts can be a lengthy process. This is particularly the case as a result of the lock downs and restrictions associated with Covid-19. This has placed a great deal of pressure on our Judges and the Court system. Many divorcing parties have experienced hearings being postponed at the last minute or long periods between hearings. It leaves many to question whether there is an alternative available. In such circumstances, we have been able to recommend to our clients that they consider the option of family arbitration.

Arbitration is a form of alternative dispute resolution that has traditionally been used to resolve commercial disputes. The procedure closely resembles a Court hearing and the decision is binding on the parties. It therefore provides an outcome in the same way as Court proceedings, but in a process that enables the parties to take control of the process and avoid the delays associated with the Court system.

The parties choose the arbitrator who will decide their case. This means that a specific arbitrator can be selected with the relevant expertise and knowledge to assist the parties in resolving the issues in dispute between them. We can continue to represent you through the arbitration process and therefore you can have continuity of representation.

There are many benefits to the arbitration process and whilst the parties are responsible for meeting the costs of the arbitrator, and these can vary considerably, when this is balanced against the fact that the parties can run the arbitration according to their own timescales and focus on the key issues in dispute, overall, it can make the process more time efficient and cost effective. It is definitely something all parties should consider in light of the current Court backlog, and something we can arrange and guide you through.

Here at Paul Robinson Solicitors we were able to advise you in relation to arbitration, and all your other dispute resolution options. We offer an initial fixed fee appointment of £100 plus VAT whereby we can discuss all of your options with you. Please feel free to contact us on (01702) 338338 and a member of our specialist team will be happy to assist.

01702 662963 (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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