According to Sir Peter Singer, the ability of parties to conduct an arbitration in relation to their private financial affairs without fear of unwelcome publicity is another important advantage which the IFLA Scheme offers.
What may draw people to Arbitration more than any other factor, indeed, is the privacy aspect, and the perception of fairness when the balance of power within a relationship is heavily skewed – though in reality an experienced mediator will help keep that balance.
But for some clients, Arbitration may be of value for psychological reasons.
“It is perfect for resolving discrete issues in a binding way and can assist parties who are frightened that they may be making too many concessions.” Malcolm Martin, Solicitor and Family Law Arbitrator
Your own private court
The way I see it, Arbitration is like your own private court with your own private judge, hired by you, working to your availability and time scales.
Also, the couple can choose their Family Arbitrator, picking one who is specialised in the required legal area, and they are still in control of their case.
If they go to court – they do not get to choose the judge and it can take months instead of weeks to get the decision finalised. A significant benefit of arbitration is confidentiality and privacy. These cannot be assured in the court process.
* The Arbitrator can resolve the whole dispute (and not just one aspect);
* The parties decide the venue (rather than be stuck in a Court waiting room with hordes of others – only to be stood out!);
* The proceedings are confidential – and so cannot be reported (a great advantage to many), and…
* The parties decide on the level of disclosure (again, this might be a great advantage especially if there are few assets and/or only one issue to be determined).” Richard Nail-Cain
For more information regarding Family Arbitration, refer to the IFLA website: ifla.org.uk.
By Suzy Miller creator of the Alternative Divorce Guide and the Living Together Agreement