Resolving family disputes: is arbitration underused?
Arbitration is an underused resource in settling a dispute – but how does it work and is my case suitable?
There is a myriad of different options for resolving a family dispute that don’t involve going to the time and expense of court, one of which is often overlooked. Arbitration is a means of dispute resolution that has the finality of court proceedings, the outcome is binding, but significantly reduces the delays and, in many cases, the costs of going through the court process. This under-utilised process has several key benefits: privacy, speed and flexibility.
Speed
The court system is overstretched and delays are having a significant impact on people’s ability to resolve their disputes. It is not unheard of for court hearings to be vacated at the last minute due to no Judge being available, and hearings can take months to be listed. If you were to issue court proceedings now, it could be as late as Spring next year before the matter is resolved.
In contrast, with arbitration the parties set the timetable. The date for exchanging financial information can be agreed between the parties, and then a hearing date before the arbitrator can be set based on the parties’ and arbitrator’s availability, rather than the court’s availability. The parties will select their arbitrator, and can choose one with a specialism in their particular issue such as finances, children or cohabitation disputes. This could take a matter of a couple months from start to finish in some cases.
Privacy
Arbitration is entirely private and will not involve a potentially public court hearing. The family court usually sits in private, however there is growing pressure to make these matters public. The press is able to observe and report on family proceedings, which may make some couples uncomfortable. Arbitration does not carry that same risk of publicity as the proceedings are private and held behind closed doors, in a venue agreed by the parties. The final outcome, known as the award, will be embodied in a consent order and submitted to the family court which will conclude the proceedings. An arbitration award is final and binding on the parties.
Flexibility
The parties control the timetable, instead of having it dictated by the court. The parties will also choose their arbitrator which allows them to ensure that the arbitrator has a specialism in that particular field and has the experience to determine the dispute. An arbitrator may be a retired Judge or senior solicitor/barrister who is a member of the Institute of Family Law Arbitrators. The parties will choose the venue, which could be one party’s offices, barrister’s chambers or in some cases a hotel or conference centre with meeting facilities. The parties can tailor these choices to their circumstances, an option not available with court proceedings.
Arbitration is a highly effective means of resolving a family dispute and has many benefits for parties. If you would like further information on this process, or other means of alternative dispute resolution, please contact the Blake Morgan family team.
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