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. ...