So, you’re trying mediation. Or maybe you are trying to negotiate together or through your solicitors….. and then you get to one or two (or maybe a couple more) points that you just cannot agree on. Stuck. Not budging. Either of you.
What are the options? Well, you could make a court application, start from the beginning again and then a neutral third party (a judge) will make the decision for you – probably after about 18 months and a couple of court hearings. Over all areas. Even the ones you thought were agreed. And you might end up with an outcome that neither of you wanted. Plus…. Oh the delay! Oh the cost!
There is another option. You both have to agree to do it – but if it is faster and cheaper, allowing you to keep more money in your family, why wouldn’t you agree? What’s the option? ARBITRATION.
An arbitrator is a bit like a private judge. They are neutral and impartial. It’s all confidential but the main benefits of arbitration are:
- speed – as fast as you like
- flexibility – want a decision on paper? over a weekend? at a time to suit you?
- you identify the areas for a decision – so you can say ‘we’ve agreed X, Y and Z so leave those alone’
- it’s final. turn it into a court order on paperwork and that is that.
Interested? Here’s a handy guide for you: IFLA guide solicitors and counsels clerk Apr 2019