Family Arbitration & FDRs

Nigel is registered with the Institute of Family Law Arbitrators as a Family Arbitrator for financial matters.

Institute of Family Law Arbitrators - Nigel Clarke

Arbitration is a form of dispute resolution. The clients enter into an agreement by which they appoint an Arbitrator to adjudicate a dispute concerning their finances or children. They agree to be bound by the reasoned written decision of the arbitrator. The arbitrator’s decision is called an Award (finances) or a Determination (children).

Unlike a family mediator or an early neutral evaluator, the Family Arbitrator has the power to make decisions, which bind the clients to the same extent as a High Court Judge in court (save for some exceptions).

Arbitration is very well established in commercial and construction disputes as an alternative to the court process.

Family disputes which may be suitable for determination by a Family Arbitrator include:

• The financial consequences of separation or divorce (or dissolution of a civil partnership).
• Spousal or children maintenance.
• Disputes about the ownership of property.
• Disputes under the Inheritance (Provision for Family and Dependants) Act 1975 following the death of a party to marriage.

Advantages of Family Arbitration

Family Arbitration has a number of advantages over the traditional court process:

• The clients can choose their Arbitrator.
• The clients can agree the procedure to be used: for example, whether to have a full hearing or whether to have the decision decided on submissions or on the papers only without a hearing.
• The clients can agree what is to be arbitrated. This may be the whole dispute, or it may just be one discrete issue.
• The arbitration can take place either before or at any stage during court proceedings.
• It can take place anywhere the clients agree. We are happy to travel to suitable venues as necessary.
• It is a relatively quick process. Subject to the Arbitrator’s availability, the timetable is in the hands of the clients.
• It is confidential.

Although the clients have to pay the Arbitrator - fees will be quoted in advance, fees are very reasonable and the saving of time and the ability to agree procedure will mean that in many cases there is an overall saving of cost especially (but not only) if many issues are agreed and the arbitration is limited in scope.

Not all disputes are suitable for arbitration because an Arbitrator does not have all the powers of a High Court Judge but many disputes can be dealt with in this way if the parties agree.

We will advise on suitability on a case-by-case basis.

Please do get in touch if you would like Nigel Clarke's help as an accredited Family Arbitrator.

FEES 

FDRs and Arbitration - prices upon enquiry. No VAT is charged.