We have encouraged and acted in many cases where we have organised the FDR privately, with a Judge that is appointed by the parties (and therefore a specialist Solicitor, Barrister or retired Judge in this field). A whole day can be allocated so that there are no pressures from other cases and on a date that is convenient for all. The process is completely confidential and the Judge will read all of the papers before the day, so that they are familiar with every aspect of the case and consequently, they are best able to assist the parties in resolving their dispute.
The private FDRs that we have organised have had a high success rate, with final orders secured on paper through the Court to mirror the terms that have been agreed. We can provide further information, advice and support on the private FDR process if it is something that you would like to consider.
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. Arbitration can be equally effective in both children and finance cases.
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.