Arbitration

[Iain4444]

my solicitor is suggesting that i try arbitration as an alternative to court having been through 3 rounds of mediation with no real progress.

Is anyone familiar with this or understand the pros and cons?

 

[Peanut 21]

My understanding is that it's similar to mediation but contracts are signed at the end so more formal.
If mediation hasn't worked I wonder if arbitration would?
It seems it's a better option in less emotional situations like contract disputes.

 

[Ash]

I did look something up about it once. There's an article here. I think the idea sounds good but I wonder if it could end up being more expensive. You both need solicitors throughout I think. So a money earner for the solicitor! If the arbitrator decides there needs to be a welfare report or child's wishes heard, it's talking about an ISW which is also expensive (2 to 3 k for the report). Also I think the arbitrator's decision is final. Unlike a Child Arrangements order which could be varied later - possibly. If you didn't like the final decision. That bit makes me a bit wary, along with the costs. The other thing is, both sides have to agree to arbitration. If the ex doesn't agree then no arbitration. It sounds a bit like a private family court proceedings. I'd be interested to know if a final order is variable or not, after the Arbitrator's decision. I suppose it might be a bit quicker.

Family Law Arbitration: Is it for me?

Family Law Arbitration: In 2012 a new method of alternative dispute resolution was launched to assist parties to resolve their family problems: arbitration

www.pumpcourtchambers.com

 

[Ash]

This link makes it sound more positive - but then they are earning from it! My other concern is if an arbitrator is Mum biased (as some Judges are). At least with a final hearing, you could have a barrister fighting your corner and persuading a Judge with caselaw, if the Judge was a bit wishy washy. It does sound like a quicker option. Providing no welfare reports are asked for. I can't see many ex's agreeing to it if they get legal aid and free solicitors for court. Doesn't mention if legal aid is available for arbitration.

Arbitration Service - Children in the Middle

Children in the Middle

childreninthemiddle.co.uk