Separation can be one of the most emotionally and financially challenging experiences a person can face and traditional court proceedings, although sometimes necessary, can be time-consuming, costly, and stressful. Arbitration has emerged as a valuable alternative to resolve financial and children disputes.
Arbitration provides a private, quicker, and more flexible route for separating couples to settle their issues and it comes with a wide range of advantages.
Confidentiality and Privacy
Arbitration allows couples to resolve their issues in private and avoids the possibility of their dispute being reported (albeit anonymised) by journalists or legal bloggers, following the introduction of new transparency rules in family proceedings.
A Faster Resolution
Arbitration offers a much faster resolution than traditional court proceedings, which can drag on for years, adding to the financial and emotional burden. Speed can be particularly important in children disputes, particularly if the dispute relates to where the children should attend school, or where one parent wants to take a child on a holiday abroad and the other parent has refused their consent.
Flexibility and Control
The couple have more control in Arbitration than they would have in traditional court proceedings, as they, rather than the court, set their own timetable to ensure minimal disruption to their everyday lives. Additionally, parties have greater freedom to agree on certain aspects of the process, such as the presentation of evidence or the use of experts and they also select who the Arbitrator will be.
The Arbitrator
In family law disputes, it is crucial to have an arbitrator with an in-depth knowledge of the law. In arbitration, the parties can choose a highly skilled family lawyer or a former judge who specialises in family law. Magistrates and Judges who sit in the family courts often have a very busy list with multiple hearings to deal with on any given day. This can leave them with very limited time to understand the complexities of all the cases before them. The Arbitrator on the other hand will have had the time to read all of the documentation and evidence and will have typically set aside the whole day to focus on the dispute before them.
Cost-Effectiveness
The Arbitrator will charge a fee which will vary depending on the complexity of the case. However, the ability to streamline the process can mean that often costs are less than the costs that would have been incurred within traditional court proceedings.
A Less Adversarial Process
Arbitration offers a more collaborative approach. As both parties will have agreed to the Arbitration process, it fosters a more co-operative environment, with the goal of reaching a mutually acceptable solution as quickly and as cost effectively as possible. This is particularly beneficial in children disputes, where the ongoing uncertainty can be harmful to the children.
Finality
Arbitration results in a final and binding decision being imposed on the parties, just as a Judge making a final order in court proceedings would do. The finality provides closure and certainty for both parties.
Tailored to Individual Needs
Arbitration provides a more personalised process than one would receive at court. For example, if a couple have been able to agree the majority of issues relating to a financial settlement but have one or two points that cannot be resolved by agreement, they can instruct an Arbitrator to provide a decision in writing on the remaining issues in dispute. This will avoid the need for both parties to attend a in person hearing, which is stressful and costly for the parties.
For more information on Arbitration or if you would like an initial free consultation with one of our specialist family solicitors please contact a member of our family law team on 01825 762281 or family@dawson-hart.co.uk