In family law, there are a wide range of disputes from financial issues in divorce proceedings to contact problems. There have historically been three ways to resolve these matters. They are as follows:-
- Negotiation – this is where the parties correspond or discuss a matter in an attempt to reach an agreement between them.
- Mediation – the parties attend mediation with a trained mediator who will assist the parties in seeking to resolve their dispute.
If the above are not successful in resolving your dispute, the final avenue open to you was to apply to the Court to reach a resolution.
However, on 22 February 2012, a new scheme was introduced providing a further method to resolving disputes. The Institute of Family Law Arbitrators (IFLA) set up a scheme to enable family disputes to be resolved by way of arbitration.
Arbitration is a form of dispute resolution and has been used by other areas of law for many years. When entering into mediation, the parties enter into an agreement under which they appoint an arbitrator to adjudicate a dispute and make an award.
Under the new scheme, a panel of family lawyers have been trained as family arbitrators. The scheme covers all areas of family disputes. It was developed to enable parties to resolve disputes in a quick and cheaper fashion.
Arbitration in family law will provide parties with another way to resolve a dispute outside of the Court process.
If you would like advice on how best to resolve your dispute, please contact us.