Arbitration

Published: 19th November 2013

KGW FAMILY LAW – ARBITRATION

In most cases issues arising between separating couples can be resolved by agreement, either through negotiation assisted by family lawyers, mediation or collaborative law. Sometimes, however, agreement simply cannot be achieved, perhaps where the issues are complex or when neither person is prepared to give ground. In those circumstances a third party may be required to make a decision. Historically this has involved an application to Court for a Judge to make an Order.

DISADVANTAGES OF THE COURT SYSTEM

An application to the court can be fraught with difficulties – some of the most common are :-

• Delay
• Inconvenience both in relation to date and venue
• Lack of privacy
• Court inefficiency due to government cuts
• Pressure of time for the Judge on the day
• Cost

WHAT IS ARBITRATION?

By referring a matter to arbitration the couple agree to be bound by the decision of the arbitrator who is an experienced family practitioner. The couple agree on the way in which the arbitration will be conducted. All issues can be determined, or, if agreement has already been achieved in part, just the ‘sticking point(s)’ can be decided by the arbitrator. The main benefits are:-

• No delay – a date can be fixed almost immediately
• The couple can select their arbitrator by agreement
• The couple can select a hearing date and location to suit them both
• Total privacy
• An efficient and bespoke service. The arbitrator will only have this case to deal with on the day of hearing.
• Although there is a fee payable this will be agreed in advance and shared by the couple. The fact that a hearing date can be allocated quickly (rather than waiting several months for a court date) means that overall legal costs are significantly reduced as is the risk of circumstances changing while a hearing date is awaited.

For further information contact Karin Walker on 01483 375788 or by e-mail on karinwalker@kgwfamilylaw.com or visit our website at www.kgwfamilylaw.co

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