Welcome to the first Taylors/Flanagan’s blog article!
By z4027672030, Feb 29 2016 04:10PM
Welcome to our first family law blog. We aim to bring you information about topical issues in family law and welcome any enquiries that you may have. Just call Lis Calman to discuss any issues.
Family lawyers are always looking at alternatives to the courts for dispute resolution. People are now familiar with mediation as an alternative method of dispute resolution and indeed it is now compulsory for an applicant to attend a Mediation Information and Assessment Meeting (MIAM) before issuing proceedings, either for financial remedies or to resolve a dispute concerning children, apart from when certain exceptional circumstances apply. Lis is always happy to put you in touch with experienced mediators and to guide you through the mediation process if you decide that this is for you.
For some time now it has been possible to use arbitration as a means of resolving family law disputes over money and property but it is now hoped that from July this year, this will be extended to disputes concerning the exercise of parental responsibility and other private law issues about child welfare.
Family law arbitrations are run by the IFLA which is a joint venture by the Family Law Bar Association, Resolution which is a family law group primarily for family law solicitors, and the Chartered institute of Arbitrators.
The advantage of arbitration is that it is much quicker than the court system, the parties choose the arbitrator, and there is continuity throughout the whole process whereas in court, with the best will in the world this is seldom possible. The other big advantage is that, against a background where increasingly the family courts are under pressure to open up, the arbitration process is completely confidential. The arbitrators are specially trained experienced solicitors, barristers and retired judges.
The main disadvantage is the cost which is significantly more than the cost of court proceedings in that the parties have to fund both the arbitrator and the venue in which any hearings take place. Speed and continuity, however can outweigh this. It’s worth considering and we would be happy to discuss this with you if you feel that it might be for you or to look at other means of alternative dispute resolution with you.