At Kay & Pascoe LLP we will discuss with you the different options available to help you find a solution to the issues you are facing.

There are many ways of helping you keep your family issues away from the court process.  A relatively new option is family arbitration.  Family arbitration can be useful for resolving financial and property disputes and some issues concerning children. The Arbitrator will make a final, and binding, decision on issues that cannot be resolved by you.

There are many potential advantages with arbitration. These include:

  • You and your spouse or partner will be able to retain control over the process. Together you will appoint the arbitrator. This means, with our guidance, an arbitrator with the appropriate skills and expertise can be selected. There is the opportunity to decide where the arbitration will take place and how it will be conducted. For example, by face to face meetings at a venue of your choice, or in some situations, the arbitrator can make a decision by reading the documents that will be provided to him/her outlining your case.
  • The process is far quicker than the Court process, where it can take many months, sometimes years, especially if a Final Hearing is required. It is also more flexible, as single issues upon which you and your spouse or partner cannot agree can be dealt with.  Furthermore, the process is less formal than going to Court and it is confidential.
  • There is continuity. The same arbitrator can deal with all stages of the case. In cases that go before the Court this does not always happen. Therefore, the process can seem somewhat disjointed as different Judges take the case in different directions.

In summary, arbitration can be a very useful mechanism for achieving a binding decision in a quick, flexible and cost-effective way. If you would like to discuss whether this is likely to offer a potentially suitable solution for you please phone Lee Pascoe on 01892 664348 or send him an email on lee@kayandpascoe.com

1 Comment
  1. A little known and excellent use of arbitration is to use it to resolve that one sticky issue that prevents a mediation from moving forwards or completing.

    A New York Mediator told me back in 2012 he invited clients to use arbitration to resolve those decisions where they just can’t agree. He told me: “Sometimes, they just want someone else to make the decision for them”.

    Once the arbitration decision was completed, the mediation would then continue or complete. I call arbitration ‘mediation’s secret weapon’ as so few people are aware of it and so few use it strategically to support the dispute resolution process.

    Suzy Miller
    Divorce Strategist