November 11, 2019 | Posted by : J Morris
Family arbitration is something of a mid-point between other alternative methods of dispute resolution and the court process though it is unfortunately often overlooked or simply not made available to separating couples.
Family arbitration is suitable for couples who are unable to reach an agreement between themselves or with the support of a mediator and would prefer not to go to court but still need someone else to help make the decisions. The process involves appointing a joint family arbitrator to act as an objective decision-maker, in much the same a judge would do in the family courts. However, every aspect of the arbitration process remains private, and within a schedule agreed by both ...
May 04, 2015 | Posted by : J Morris
In a recently published case involving a complex land trust dispute, High Court judge Sir Nicholas Mostyn QC endorsed arbitration as an effective method of resolving disputes privately out of court.
Sir Nicholas highlighted the benefits of arbitration in response to a request that the details of the case be kept private. While this was not permissible in that particular case, the judge’s advice applies to anyone wishing to proceed with legal action while avoiding the public and disruptive nature of a court appearance:
“Where parties are agreed that their case should be afforded total privacy there is a very simple solution: they sign an arbitration agreement.
“Arbitration has long been available in proceedings such as these. ...
January 16, 2014 | Posted by : J Morris
January often brings a spike in enquiries for divorce and separation. The festive period can be stressful for couples and families, revealing underlying cracks in a relationship and prompting the decision to make a change. The new year is a time for new starts, and despite the gloomy weather, January can be a productive month for making resolutions. And, as with any resolution you intend to keep – whether you’re trying to give up smoking, cut down on alcohol, get fit, or end a toxic relationship – little steps are more effective than trying to take big leaps. When faced with a separation, attempting to take on everything at once will leave you confused and ...
November 05, 2013 | Posted by : J Morris
One of the biggest hurdles to overcome when you get divorced is deciding how to deal with any shared property. Who gets the house? Or do you sell it and split the assets? Things can become even more complicated if you have children – perhaps you’re eager to stay in your family home to retain a sense of normality through your separation, while your partner wants to push for a quick sale. The first port of call for any couple planning a divorce is to consult an experienced family law solicitor or divorce lawyer who will be able to help you ...