Using Arbitration to help separating/separated parents resolve issues they cannot agree on

As part of this year’s ‘Resolution Week’, commencing 29 November, Family Law Partners are raising awareness and promoting a better way of separating for families. Resolution Week is designed to encourage couples who are separating, or who have separated, to do so in a non-confrontational and pragmatic way, lessening any effect the separation may have on a child’s welfare.

Resolution Week advocates for children’s welfare to be at the forefront of the agenda during and after separation. It is well known that court proceedings can be a lengthy process. Any delay to resolving issues can be damaging to a child. Whilst the courts try to avoid delay to the proceedings where children are involved due to limited resources significantly delays are often incurred.

A common misconception is that parents who are separating or have already separated would need to commence court proceedings in order to resolve issues they are unable to agree on. Many are unaware that there are a vast number of other dispute resolution methods which possess various benefits that the court does not.

If parents cannot agree on issues between themselves, either directly or with the assistance of a third party such as a family consultant, mediator or lawyer/s, and need someone to determine the issue for them Arbitration is available.

Arbitration, put simply, is a formal process for determining issues that takes place privately. An objective adjudicator, the arbitrator, will hear what each parent is seeking and will provide a reasoned outcome which the parents at the outset of the process agree to be bound by.

Many separating or separated parents choose Arbitration due to the amount of control they have over certain aspects of the procedure. These aspects include choosing the arbitrator, and selecting which issues need to be addressed, with the court this is taken out of your hands. Another advantage to Arbitration is the efficiency of the process. Arbitration is, in most cases, a lot quicker, less expensive, and more flexible than court proceedings.

It is important to remember that not every matter is suitable for Arbitration, however, most are.   You can find out more information about Arbitration online at http://ifla.org.uk/. If you would like to find out more about whether your case is suitable for Arbitration or if you would like legal advice and representation within the Arbitration process please contact us.