Access to the Courts has become complicated, overly expensive and fraught with delay. It can often take over 12 months to resolve, and in some cases with legal costs rising to well over £10,000 after several court hearings. We are recommending that the clients and their ex-partners consider an alternative way of resolving their differences.
Family arbitration involves you and your ex-partner appointing a family arbitrator to resolve the dispute. The Arbitrator would be an experienced family lawyer, and in some cases already appointed as a Deputy Court Judge. The family arbitrator is presented with information, documents and legal argument from your solicitor as a court would require, and produces an impartial and fair decision after hearing from both sides.
There are many advantages to arbitration to include speed, versatility and considerable savings in costs. At the end of the arbitration the parties are bound by the decision, which can be converted into a formal court order. It is more effective than mediation, and other forms of collaborative’ approach, which are not binding on the parties.
Family Arbitrators can determine the following disputes:
- Finance & Property
- Child maintenance
- Living arrangements for children after separation
- The time children will spend with their parents
- Other arrangements concerning the upbringing of the children (e.g. schooling)
- Moving the children with one parent to a different part of England or Wales