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My name is Jo O'Sullivan and I'm here to talk to you about the four types of dispute resolution
processes
So, arbitration is where a couple would bind themselves by signing a form called an AB1,
and that form legally binds them to an award given by an arbitrator. An award is similar
to a judgment that a judge might give. Most people are familiar with arbitration in this
country because it’s used by ACAS and ACAS sort out differences between the union, for
example, and employers. Someone might use arbitration at various points,
perhaps, in the dispute resolution process. So, it’s not uncommon for people to be in
the mediation process and find that mediation has helped them with all their issues, but
one. For example, they might decide to go to an arbitrator to sort out a single or discreet.
So for example they can’t agree on a pension share or they really can’t agree on spousal
maintenance, that’s perfect for arbitration. People might use arbitration during the collaborative
process. Again, the collaborative process keeps people out of court, and essentially
you’re sitting around a table sorting things out. But with the best will, some things still
can’t be sorted out that way. And the couple may say, ‘Actually, let’s stop having
meetings around this and let’s get an arbitrator to make a decision, and we’ll be bound by
it’, because they know it’s legally enforceable. They can still use the same solicitors to
help them prepare their case, or they may opt out at that point and ask the arbitrator
to help them as individuals, much as a judge might do.
The pros of arbitration are simply these: One, it’s very likely to be much, much quicker
than the court process. You can identify your own arbitrator; you can never decide which
judge you’re going to have. So you can choose an arbitrator based on their experience, and
whether you like them or not, actually. The arbitrator, you’ll have a pretty informal
relationship with the arbitrator, so for example the arbitrator will email you directly, or
phone you directly, and will talk to you in a much more informal way. So, depending on
the arbitrator’s diary, you’re likely to have very quick hearings that suit your
schedule, rather than the judge’s schedule, or the court’s schedule. The other great
advantage of arbitration, as with any dispute resolution, is confidentiality. Your case
will be completely out of the press, that’s very important for some clients
They can approach the arbitrator directly, there is a website to look at, if you look
up family arbitration in England and Wales you’ll find it. They can take a recommendation
from a solicitor, who like me specialise in this area, and they can work with their solicitor.
Or work on their own with the arbitrator, it’s not at all unusual for a couple to
go directly to an arbitrator and ask for their help