It may be possible to reach agreement through the Mediation process or through negotiation between Solicitors. But what if neither of these succeed or there is no hope of anything being agreed?
Traditionally the only option would be an application to the Court, whereupon the Court would take control of the process, dictating the timetable to be followed, the evidence to be produced and the timing and location of Court hearings. This causes delay, stress and substantially more cost for both parties. It does nothing to promote amicability and usually causes further entrenchment in position.
The relatively new concept of Arbitration in Family Proceedings brings a fresh and flexible approach to situations where agreement cannot be reached via Mediation or through Solicitors. The whole process is geared to you having choice and control. You can choose the Arbitrator and dates and locations of hearings, which can be dealt with by Skype or telephone if appropriate and more convenient. If agreement has been reached in part but not overall then the Arbitrator can deal with just that part. Arbitration is time and cost efficient, and most importantly, empowers you to be in charge of what, after all, will be your financial future. The Arbitration Award will then be converted into a Final Court Order.
The two paths to reach the same end could not be more different.
If you would like to discuss this further, we at ThomasHaywood believe in providing full information on all the processes available in all Family Law matters. Sarah Haywood is head of our family department. Contact her on 01892 765013 or This email address is being protected from spambots. You need JavaScript enabled to view it.