family arbitration

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Say Yes to Arbitration?

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Emma Harris
Emma Morris
Legal Director
Burgess Mee Family Law

Divorcing couples now have a plethora of options when deciding how best to deal with their financial division upon divorce. The new(ish) Non-Court Dispute Resolution (“NCDR”) rules require parties to consider, and where appropriate actively participate in, NCDR processes such as mediation. Indeed, for some time now parties have not been able to issue an application at court without first attending a Mediation Information & Assessment Meeting (“MIAM”) with a mediator.

However, mediation is not suitable for everyone for a variety of reasons. If mediation has failed and solicitors are at an impasse, the options are narrowed down to the court process – with or without the use of private financial dispute resolution (“FDR”) – or arbitration. This article focuses on the significant advantages, so far as I see them, of arbitration.

Timing

Whilst courts around the country have differing scheduling pressures, it is commonplace for the first administrative appointment to take anything up to five months to be listed from the issue of an application. This is followed by an FDR, often six months after the first appointment, with the final hearing up to another year thereafter. That could add up to a staggering 18 months to two years, during which parties and their children are in an uncomfortable – and often fractious – limbo.

Arbitration is an alternative. It can be scheduled quickly, often as soon as the disclosure process is complete. Clients can fix a date to ensure their own availability and that of their legal teams, the latter being something the court no longer accommodates. This is important because if solicitors/counsel have been advising for a while and the court lists on a date they are not available, this adds a layer of stress and additional cost in bringing a new adviser up to speed.

Finality

The biggest advantage of arbitration is its finality. An FDR, whether it be private or court led, cannot bring about the conclusion of proceedings unless this is something the parties wish to achieve. Arbitration is different. The arbitrator’s award follows the arbitration, usually within two weeks but often only a couple of days afterwards. It is final and converted into a binding court order shortly thereafter.

Expertise

Judges are under immense pressure; they are often juggling numerous cases on the same day and – whilst they are all highly professional and do their very best – the time they can dedicate to papers in advance of a hearing or to the hearing itself is extremely limited. Clients are often disappointed to learn that the bundle of papers sent to court before an early hearing is hardly read. By contrast, an arbitrator builds time into their instruction to pre read a case fully and often has a short preliminary online hearing in advance of the arbitration to make certain that everything required has been done. This ensures the arbitration runs smoothly.

Arbitration provides flexibility that a court does not, allowing the parties freedom to agree in advance what they want to be decided.

Cost

Although there is a cost in paying for the service of an arbitrator, that cost buys certainty. It guarantees an arbitrator dedicated solely to your case on the day, who has read all your papers before meeting you. It guarantees you an expert in the relevant field. And it guarantees a decision – known as an award – within a very short timeframe, whilst saving money and with less acrimony than the alternative.  Set against a year or more of solicitors’ correspondence and niggling interim issues before a final hearing can even be listed, the cost of an arbitrator is modest by comparison. The personal toll of being left in limbo for that long is harder to quantify, but no less real. Arbitration cuts through that: it delivers a final outcome and brings the litigation to a conclusion.

Experts

If you need to call an expert, it is often cheaper to do so within an arbitration hearing rather than within the court process. There is a great deal of waiting around in court, during which an expert (perhaps a surveyor or pension actuary) will be charging at their hourly rate. With arbitration you can decide in advance exactly when the expert will give evidence, thus limiting their waiting time and costs.

Less adversarial

Settling a family dispute inside a court building is not optimal. It induces stress and there are often insufficient places to sit or take advice from your advisers. By contrast, arbitration can take place anywhere the parties choose; they can agree the format and timing of the day in advance, and whilst the setting is formal, it is far less daunting than a court building.

Privacy and publicity

I’ve acted for many high-profile clients, from sportspeople to entertainers and politicians. Conducting a case in the glare of other court users is difficult at the best of times but made much worse when space for a private conversation is lacking. Furthermore, media coverage is now an ever-present concern: court proceedings (barring purely children matters) are public record, and notices name the parties unless there has been a successful application to anonymise.

Arbitration removes that risk. It takes place in a location of your choice and does not appear on a public list, so the media is unaware it is happening. As such, there are no unwanted photographs of parties arriving at court and no pressure to face a microphone when parties leave the building. This allows people to deal with a highly personal issue privately, which is clearly better for them and their children who could otherwise be affected by media coverage or adverse publicity.

Arbitration is not simply for an all-encompassing final award. It can also be used to aid settlement because it is entirely possible to ask an arbitrator to decide upon a single issue. Resolving that one issue often unlocks the entire case, and settlement is achieved. Moreover, where suitable, the issue can be dealt with on paper without either party needing to attend in person, providing a quick and cost-effective resolution of a tricky issue.

In short, arbitration ensures that your matter is decided by an expert who has dedicated proper time to reading in and to deliberating their decision. It is quicker, often cheaper, and allows for total flexibility and confidentiality.

About Emma Morris and Burgess Mee

Emma Morris, Legal Director at Burgess Mee, is one of London’s leading divorce lawyers with 30 years’ experience in family law. She is a practising arbitrator and Member of the Chartered Institute of Arbitrators, and also conducts private FDRs.  She is collaboratively trained and a member of Resolution.

Burgess Mee Family Law is an award-winning firm offering the full range of family law and private client services from three offices across London. Founded in 2013 by Antonia Mee and Peter Burgess, Burgess Mee offers high quality, bespoke family law and private client advice and service whilst being more cost effective than its City competitors.

The firm comprises 26 fee-earners (including six partners) from leading firms in and around London. All solicitors belong to Resolution, which promotes the constructive settlement of family matters.

 

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Energy Trader’s Divorce Reignites Debate Over Fair Settlements

Energy Trader’s Divorce Reignites Debate over Fair Settlements

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Peter Jones
Founder
Jones Myers Family Solicitors

The case of a successful energy trader – who is appealing against a High Court decision to award almost half of her £7m fortune to her adulterous ex-husband – is sparking concerns among divorcing couples.

The outcome of Julie Sharp’s Civil Appeal Court plea for a “fair divorce settlement” following the judgement to allocate Robin Sharp almost £3m after a marriage lasting just four years – is awaited with interest.

This case is a stark reminder that the rules of maintenance and capital distribution take no account of fault and apply to the main breadwinner – irrespective of the fact that the divorce was apparently prompted by her former husband embarking on a new relationship while they were married.

It also illustrates that conduct and gender are not factors in a court’s decision, which is made after appraising a couple’s joint assets and deciding how they should be divided whether by sharing equally, or with some other adjustment to meet the reasonable needs of both.

Costly, distressing and, in this case, high-profile courtroom battles over settlements can be avoided with Arbitration; which allows couples to reach a divorce settlement without the trauma of the courts. The sessions are held in private, which means that journalists cannot report the details of the divorce or settlement.

The hearings, which are arranged at clients’ convenience, and at comfortable venues, see the arbitrator determine who should have what. Similar to a judge, they collect relevant facts and evidence and base their decision on this evidence – taking into account the views of both parties. The Award is final and binding in both parties.

Arbitrators are not only qualified in their process – they are also experienced family lawyers who are either former judges or family law barristers or solicitors.

Two other ways to avoid confrontation and discord are pre-nups and post-nups. A pre-nup agreement – which is drawn up between couples before marrying – sets out how their assets will be split if the marriage fails. Although not legally binding, a carefully thought through agreement, drawn up with independent advice, is quite likely to be upheld by a court.

They are also more likely to be accepted by a divorce judge if they were agreed well in advance of a marriage – and if there is no implication that one party was coerced into signing.

Post-nups are entered into after marriage; with the same aim as a pre-nup should a court decision have to be made. They are often made by couples in a second marriage who are seeking to protect children of previous relationships, or by those who wanted a pre-nup but didn’t have time, or or for some other reason felt it inappropriate, to arrange one prior to the marriage.

For both pre-nup and post-nup agreement to carry their full weight, both parties must enter into them of their own free will, without undue influence or pressure – and be fully informed of their implications.

Legal advice and disclosure are desirable, but what matters is that both parties are fully aware of the implications and have the information necessary to make an informed decision.

About Peter Jones 

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law.

 

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Difference Between Arbitration and Mediation

Which Divorce Process? Difference Between Arbitration and Mediation

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Charmaine Hast - Wedlake Bell
Charmaine Hast
Partner and
Head of Family Team

TDM speaks with Charmaine Hast, Partner and Head of Family Team at Wedlake Bell – on Family arbitration as a divorce process.

If you’re going through divorce and are wondering which divorce process to use for your divorce proceedings, you may want to listen to this.

Charmaine Hast talks about family arbitration and the difference between arbitration and mediation.

Questions asked and answered include:

What is Family Arbitration?

Instead of going to court, family arbitration is an easy quick method of trying to cut down on time and legal costs.  You don’t have to wait for a judge to fit your case in his/her list of other cases to adjudicate on a particular day because with arbitration, you choose your judge and you choose your timetable.

What is the Difference between Arbitration and Mediation?

Family Mediation is where the parties work out the terms upon which they’re prepared to agree, whether it’s children matters or  financial matters.  It’s by negotiation and there’s a mediator helping the parties reach a decision.

What you’ve got with arbitration, is that you’ve got two parties who say they’re happy to use the arbitration system, rather than the court system, and what happens is that the arbitrator is actually the person who says to parties, you’ve signed up to arbitration, this is my judgement.

What are the Benefits of Family Arbitration?

Speed!  You don’t have to wait for a court process,  If you issue proceedings today for children matters, you’re first hearing maybe in 2 weeks time or in 3 weeks time.

Is an Award Legally Binding?

Before you enter into arbitration, you’re actually signing a document, which is a standard form, set by the Chartered Institute of Arbitration. 

Both parties sign up to it and you’ll be bound by the arbitrator’s decision. 

The advantage of that is, the arbitrator’s decision is then binding on you, as the parties. Not only will you get a decision which is an arbitrator’s decision, you will also get a decision which is a court order.

Who are Arbitrators and what Credentials do they Have?

There’re retired high court judges, retired district judges, mainly barristers and a few solicitors.

 

Other questions in the interview include:

 Do I still need a Lawyer to Work with me During the Divorce Process?

How does it Work? What does the Process Entail?

Charmaine is regarded as an expert in English Family Law.  She is also a Family Solicitor Arbitrator.

She has particular experience in advising on big-money and big-name divorces. She is able to advise on cross-border money matters and has a particular interest in trusts and pensions.

Charmaine’s practice covers divorce, separation, civil partnerships, pre- and post-nuptial agreements, co-habitation agreements, children issues, abductions and international law.

Contact – wedlakebell.com

 

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family arbitration

Is Family Arbitration a Flash in the Pan?

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Suzy Miller www.thedivorcemagazine.co.ukIt seems clear that Family Arbitration has something to offer in the divorce arena, but will it be adopted by the legal profession as another tool in the divorce tool-box – or be quietly left in a cupboard to be brought into the light only by a small band of hard-core enthusiasts?

It does have some limitations – currently, Arbitration cannot be used to decide children matters.

“Arbitration is certainly …a huge untapped resource at the moment… it can determine financial matters be it a discrete issue such as the level of maintenance or all issues as to financial/property settlement between spouses or unmarried couples…. It is not yet used for matters relating to the welfare of the children.” Olive McCarthy, Breeze & Wyles

Yet – according to Family Arbitrator, Sir Peter Singer – there are some who predict that as a logical development the Family Court judiciary will support this when English private children law principles are applied by experienced and trained family practitioners.

“They point to the fact that child issues are already arbitrated under Scotland’s version of the IFLA Scheme, and anticipate a parallel development south of the border.” Sir Peter Singer

Is Family Arbitration inherently part of an adversarial process?

From legal minds I have heard the viewpoint that Arbitration is inherently ’adversarial’, because it involves someone else making a decision on behalf of the couple.

But personally – as well as in my role as the Alternative Divorce Guide – I see an enormous difference between a couple in mediation mutually agreeing to instruct a highly qualified person to make a decision on a financial issue, which the couple are unable to resolve themselves – and then to continue on with the mediation process – rather than the alternative.

That alternative can often be that the couple give up on their mediation process and go to court, where the mediation agreements to date might be disregarded by the judge. High costs, more inconvenience and greater emotional trauma for the whole family will often ensue.

Because Arbitration keeps the couple ‘in control’ of the process, that in itself should encourage a greater level of communication and cooperation, compared to if they are throwing letters at each other via separate solicitors.

Christopher Pocock QC sees Arbitration as an empowering process for clients: “If you start the arbitration process and then agree, or agree part, that is fine – the arbitration is your process, so insofar as you agree something, it happens”.

Is Family Arbitration just for the rich?

But paying for your own ‘private judge’ – is that something that most ordinary people will be able to afford, or to access? Sir Peter Singer believes that Arbitration is accessible to most people navigating divorce:

“I would like to emphasise that arbitration is not just for the rich and famous: it offers many of the same advantages to Mr and Mrs Average as to those whose net worth is high. And amongst the 130 or so MCIArb qualified arbitrators there is a range of talent and experience and a spread of geographical availability which puts them within the range of most any couple otherwise headed for court.” Sir Peter Singer, Family Dispute Resolution Facilitator and Arbitrator (MCIArb)

“Arbitration is the way forward, the benefits are huge for clients particularly the costs. In the last year, some of the most eminent members of the profession agreed to fix the costs of achieving an award for £1,500 plus Vat – that’s £750 per person in straight forward cases. So strong is the belief and commitment to this scheme, Arbitrators were prepared to effectively “put their money where their mouth is” in making this offer.” Olive McCarthy, Breeze & Wyles

So is Family Arbitration being taken seriously?

Is Family Arbitration
Is Family Arbitration just for the rich?

Arbitration is being taken seriously by judges – perhaps because it has the potential to release some of the burden of litigants clogging up the courts.

The arbitration process for financial disputes in general and the IFLA Scheme in particular has received important endorsement from the President, who heads the Family Division, in a case he decided earlier this year: S v S.

He made it clear that in normal circumstances a court should be swift to confirm an arbitrator’s award in a court order, and to preserve the confidentiality of the process so that individuals and their financial arrangements will be kept free of press or public comment.

Further impressive support since that decision has come from the Financial Remedies Advisory Group’s report at the end of July which, amongst other things, recommended that the President should issue Guidance specifically directed to arbitration and produced a draft which is currently the subject of consultation.

The convenience factor

Perhaps it is the flexibility and convenience of Arbitration that will make it popular with busy professionals who just don’t have the time to battle out their divorce in the court room, let alone the desire for all that additional stress and misery.

“The Arbitration process is flexible in relation to timing. No need to wait for the court to appoint a judge when it suits the court diary. Family Arbitrators are likely to be able to arrange their diaries to suit the parties. So this means late sittings or even weekend sittings. So the couple are not faced with having to come back on an adjourned hearing in 2 or 3 months’ time because the judge is not willing to sit after 4-30.” Martin Loxley, Partner Irwin Mitchell LLP

Who needs to be convinced first – the public – or the legal profession?

Not only do the public need to understand the benefits of Family Arbitration, but so do family lawyers – as it is another tool in the divorce tool-box that can benefit their clients. It’s usefulness is too immense to be disregarded. According to Sir Mathew Thorpe, Arbitration could be one of the most significant developments in the field of dispute resolution…. Ever.

“The creation of the Institute of Family Law Arbitrators in 2012 provides couples with the opportunity to choose arbitration regulated by Arbitration Rules and affiliated to the Chartered Institute of Arbitrators. There has been no more significant development in the history of Family ADR.” Sir Mathew Thorpe

I feel that a process that can add to the empowerment of a couple navigating divorce, by becoming an additional resource to call on during the mediation process if and when required – rather than to take their power away and hand it all over to a judge – has got to be a process worth taking seriously.

“I am quite sure that Arbitration is the future. The court system is woefully underfunded and it is going to all but collapse under the weight of litigants in person.

Family Arbitration provides a flexible and cost-efficient means of resolving disputes.  There is no “one size fits all” approach; the nature and number of hearings is tailored to the particular case.

Family Arbitration can deal effectively with all cases, from those where absolutely everything is in dispute to those where only a few minor issues remain.

It is ideal for those cases where the parties wish to retain control over the timing and cost of the process but nevertheless need someone to decide the case – or parts of it – for them.  The procedure being tailored to each individual case, it is extremely time and cost efficient.” David Walden-Smith MCIArb, Barrister & Family Arbitrator

For more information regarding Family Arbitration, refer to the IFLA website: ifla.org.uk.

Suzy Miller creator of the Alternative Divorce Guide and the Living Together Agreement

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Family Arbitration UK: a Safety Measure for Divorce?

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Suzy Miller of Alternative Divorce Guide

In this article, I explore how family arbitration UK could provide an element of psychological security on the bumpy road of the divorce journey.

I interviewed a range of family arbitrators about whether arbitration saves the client money, and whether the arbitrator’s decision is always enforceable by law.

As the court system struggles to keep it’s head above the rising fiscal tide, the reduced access to legal aid for court cases and ensuing explosion of DIY divorces clogging up the already overburdened courts, a long term viable solution needs to be found – and found quickly.

But isn’t it already here?

Despite some serious battles for recognition and still a long way to go to become established as the divorce option of choice, Mediation is surely the intelligent way to resolve differences of opinion during a divorce. However, the reality is that sometimes it’s necessary to agree to disagree on some issues – and that’s where an Arbitrator has such a powerful role to play.

That disagreement can be handed over to a specialist in that particular field, an Arbitrator, and their decision allows the mediation process to then continue, or be brought to a happy conclusion.

It’s a bit like when seat belts were brought in. I remember ardent Liberals complaining that enforced wearing of seat belts was denying people their right to take care of their own safety, but these days, I doubt there are many people who would rally the Government to change the law back to ‘choose for yourself’.

One day in the future, people may look back at the divorce process of our current times and marvel at how many initially amicable divorces crumbled into a fight in court, and be amazed to learn that the safety belt of Arbitration was there waiting in the wings to be used, if only the clients had fully understood it’s benefits.

Can family arbitration save clients money?

It is fair to point out that compared to getting the court forms for a divorce and going the DIY route with no complex financial issues to resolve and no disagreement, obviously Arbitration will add cost on top if you need some help in resolving a dispute and choose not to use mediation or the collaborative law process.

Family arbitration UK
Can family arbitration save clients money?

“In many cases, it will be more expensive to arbitrate, because the parties will be paying the fees of the arbitrator whereas going to court involves no direct cost once the application fee is met. Of course, you’re right to say that arbitration is quicker which normally involves less expense (time is money), but I’m not sure I’d say it’s always the cheaper option.” Alexander Chandler (Barrister & Arbitrator Chambers of Deborah Eaton QC and Philip Marshall QC).

Alexander is making a fair point about the cost of court being less than the cost of Arbitration if you only count in the court fees.

From what I can see, family Arbitration provides an excellent alternative to going to court – cheaper, quicker and possibly fairer, bearing in mind how some family court judges have far less training and expertise in family law than a qualified Family Arbitrator does.

Time is money, and Arbitration can save a great deal of time – especially compared to going to court. Arbitrators can be accessed for as little as £500 depending on which Arbitrator you choose and the required specialised experience, which is a lot less than what you will pay for barristers and court time – especially if the dispute is a complex financial issue.

The process is flexible and allows for disclosure to be provided in an efficient manner which suits the issues to be resolved rather than the “one size fits all” method which the court uses. This clearly has an immediate costs saving for all concerned. Solicitors retain their involvement throughout and they have clients who are content because they have achieved an outcome, even if it is not the outcome they wanted, without the costs and unpleasantness of the court.” Clare (Sibson) Thornton, Thornton Jones Family Law.

It’s not just the money in the divorcees pockets that could be saved using arbitration, but also the State has much to gain financially as well in reducing the time litigants spend in court by finding quicker, cheaper solutions.

“By comparison, Arbitration is quick, cheap, private and confidential and the person making the decision is an experienced family practitioner who has been through a very difficult assessment process to be admitted as an Arbitrator.” Olive McCarthy, Breeze & Wyles

Is Arbitration legally binding? Does it have any teeth?  Find out in Part 2

For more information regarding Family Arbitration, refer to the IFLA website: http://ifla.org.uk/.

Suzy Miller

Alternative Divorce Guide

 

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family mediation

Can Family Law Arbitration be The White Knight of a Tricky Divorce ?

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Suzy Miller of Alternative Divorce Guide

Should more mediators be paying attention to family arbitration?  It has after all been shown to quite effective in the US and Canada and is known to be able to rescue a mediated divorce from crumbling into a nasty expensive court battle.

My interest in finding out more about family arbitration was originally sparked by a conversation with New York Mediator Ken Neumann, who described how useful arbitrators could be in un-sticking a mediation process. “Sometimes,” he explained to me, “the couple can’t agree on one issue, and they just want someone else to decide for them.”

Family Arbitration is the new kid on the block in the family law community in England and Wales, and the potential benefits to divorcing clients are immense. An excellent talk given by UK Arbitrator Mena Ruparel convinced me that the rise of family arbitration in the UK was a cause worth supporting.

I made contact with several Arbitrators and to my surprise, received a cascade of responses! I was struck by the obvious passion and enthusiasm for arbitration amongst a wide range of family law professionals who have qualified as family arbitrators, ranging from barristers, mediators and collaborative lawyers. I include their contributions in the following articles, with thanks.

What is family arbitration for?

According to Nadia Beckett of Beckett Solicitors, “Arbitration is a fantastic tool for resolving issues where there is an agreement on most things but perhaps just one sticking point. However it can also be used where no agreements have been reached.”

Solicitors and mediators should understand the importance of family law arbitration and should always consider it as an option for their clients. As the courts grind to a standstill through financial cuts, the withdrawal of most legal aid and years of under-funding, it is becoming increasingly difficult for separating couples to resolve their issues quickly and efficiently.

Arbitration is flexible. It can be used by litigants who are legally represented and those who are not. It can be a lot less formal than going to court and it can be used to resolve a single financial issue or all financial issues.

There is still a degree of ignorance amongst solicitors, barristers and mediators about FamilyArbitration and a mistaken view that Arbitration is just for rich people.

That is not the case and ultimately it can actually work out cheaper than going to court as the parties have much more control over the process. Unfortunately family Arbitration cannot be used to resolve disputes over children.”

family mediation
Family arbitration can actually work out cheaper than going to court.

Suzanne Kingston, Family Partner at Withers LLP, spearheaded the Family Arbitration course in England and Wales and has been involved in training all of the family arbitrators to date.

She believes that arbitration is likely to become more prevalent than ever due to the problems with the current court system.

She advocates considering arbitration as an alternative and suggests thinking about this at the beginning and part-way through a case to ensure that clients are given every available opportunity.

 How could family arbitration come to the rescue of a non-adversarial divorce process?

“It can save a family mediation from failure when one or two stubborn issues remain. The Arbitrator can be instructed just to resolve those remaining points over which the parties have agreed to disagree. The unpleasant conflict of a court case is thereby avoided, the settlement remains one achieved in a consensual manner.“ David Walden-Smith MCIArb, Barrister & Family Arbitrator

In other parts of the world, including the United States and Canada, when family mediation process founders an arbitrator is brought in, if the couple wish it, to resolve the disagreement for them.

This is also how it can work here – but currently not enough solicitors are informing divorcing couples adequately of this option.

Should family mediation prove unsuccessful, for instance, instead of ending up in court a divorce arbitrator could help unravel that single sticking point and quickly (compared to waiting months for a court date).

Unfortunately (in my opinion) this move towards working with a divorce arbitrator is only possible in the case of an unsuccessful mediation process but not in the case of an ineffectual Collaborative Law process.

Family arbitration
Instead of ending up in court family arbitration could help

Even if a financial planner gives clear advice on how a pension could be split or the division of property assets, it may be that the parties would like an adjudication from the arbitrator who will write their award and make a legally binding decision.

The arbitrator can also deal with discrete elements of a case so if there is a mediation where there is one issue that needs to be resolved, this can be referred to arbitration keeping the rest of the agreement in tact.

It would seem sensible for McKenzie Friend’s to acquaint themselves with the benefits of arbitration to provide a much needed resource for couples whose usual choice may be to go to court without representation from a lawyer. However there seems to be a reluctance at this early stage to encourage self representing litigants to consider arbitration as an option en masse.

And how will divorcing and separating families in general get to know about family arbitration as an option? It seems that it will rely on solicitors sharing the good news. And there’s the rub.

Nigel Shepherd of Mills & Reeve LLP states, “On arbitration, I remain of the view that the key market for some time to come is going to be family law professionals, but that is certainly intended to include mediators. 

Whilst the advantages of the scheme in terms of speed, flexibility and confidentiality etc are easy to convey, the details of exactly how the scheme works (interaction with court, restrictions on involving third parties etc) are rather more esoteric and the main task to date has been to try to get mainly lawyers to understand these issues and indeed to recognise that it isn’t mediation or collab.”

So it seems to me that family arbitration could well be the White Knight who charges in at just the right moment to save the family mediation damsel from being gobbled up by the dragon of a courtroom divorce battle, rescuing the family from all the additional costs and misery of a full scale adversarial divorce.

But will the news about this new tool in the divorce toolbox be able to get through the castle gates if the drawbridge is kept locked and bolted, because solicitors and the public remain largely oblivious to it’s benefits?

For more information regarding Family Arbitration, refer to the IFLA website: ifla.org.uk

 

Suzy Miller

Alternative Divorce Guide

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