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How is a divorce settlement achieved by arbitration

How is a divorce settlement  achieved by arbitration now that the Courts are becoming bogged down with other disputes by people representing themselves? Cheshire family law specialist solicitors Stonehewer Moss are interested in representing people that see the Court as a last resort that involves too much display of your private problems for comfort. Michael Brennan, the family law accredited solicitor at the Northwich solicitors is conscious that Resolution have designated this week “Good divorce week” and attended a recent conference in Manchester about alternatives to court that championed arbitration while sharing common experiences of a system that is struggling to deliver an efficient and humane process at Court. Over the past few years and accelerating in recent months, the Courts available to individuals needing the Court to resolve a family dispute have dwindled to the point that only those resident in larger Cities can easily get to Court and then will find themselves one couple among many asked to attend at the same time from all walks of life with a coffee machine for refreshment and a communal seating area often too small for everyone to sit. Many people cannot afford solicitors or think they know better, so the Court not only have to decide cases but also nurse the unqualified and unfamiliar, often angry or depressed individuals through the process. A busy person that likes to keep their private life private is in for a rude awakening if assuming the court process is a thing of majesty for like minded people.

Michael says,” How is a divorce settlement  achieved by arbitration when the court seems the obvious place to get justice? While the idea of a good divorce seems curious to me, the point is that those going through it can  easily make themselves a bad divorce. It is ten years in December since I trained to deal with cases by collaborative law and I still offer that excellent and civilised way out of the morass but unfortunately the take up of this process has been disappointing and a search of the Resolution database today showed a dwindling number of us paying our dues to keep offering it to a reluctant public who do not seem to realise the Courts are not free and now far reduced in numbers. Arbitration seems a good option and I imagine cost effective. The arbitrator is paid to get a result and you are contractually tied in to the outcome but you keep the same arbitrator and he or she fits to your availability so you feel less like a supplicant and more like a person of worth seeking a fair distribution of assets or child arrangements. I suggest you agree a fixed fee for both the arbitrator and your solicitor. This option is well worth investigating because getting yourself in a mess in Court will certainly cost you more than arbitration. The award is then put into a consent order the court is invited to approve for which the court fee is £50 compared to hundreds for the full process. Your are unlikely to have to attend at Court taking time out of work at all. A downside is that there is no right of appeal but I have to echo the observation of a speaker at the conference last week, I do not do appeals and would go further that only the really bad cases should get to a judge making a decision from which appeal might be needed.”

How is a divorce settlement  achieved by arbitration better than the court process sat beside the coffee machine next to the toilets.

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Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

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