Has anyone used Arbitration during financial settlement?(4 Posts)
Hi All, my solicitor has forwarded the latest letter from my ex's solicitor and they're asking me to consider arbitration if I don't agree with his proposal. My solicitor knows very little about this process as it's fairly new. She's told me there are very few arbitrators in the UK (most are retired judges and from my quick Google search seem to be fairly elderly white males). This has been suggested as an option to save on Court fees but no one can tell me how much this is likely to be (if I still pay for my solicitor or can I use a barrister during the process etc). It doesn't seem very tried and tested and I feel fairly reluctant given that his solicitor is one of the arbitrators from the group.
Does anyone have any experience of this during a divorce? Many thanks
Would mediation not be a better option?
I'm waiting for a mediation appointment as I've not managed to reach a financial agreement with my STBXH and have to get a MIAM certificate before we can go to court. Of course if he agrees and attends we may not get as far as court but it's pretty unlikely.
Hi Tapir, I should have said that we entered the mediation process shortly after we separated almost 3 years ago and went through financial disclosure at that point. My ex initially refused and then postponed or cancelled all mediation appointments until he exceeded some sort of 'cut-off' point (1 year after separation) and all statements provided were then post-split. I'm unsure as to the significance of this but given that I had no control or input into our (his) finances while together, it's unlikely I will every know. All I do know is that he was a compulsive spender and went to great lengths to hide this from me. I was effectively a childminder and house-keeper who was to all intense and purposes, living with a single man.
The only agreement we could reach was one of child contact and after 4 sessions of attempting to reach a financial agreement, my ex demanded 'shuttle mediation'. After one session using this format, it became clear that we had reached an impasse and I've been trying every other approach since. This whole process would have been far easier had we purchased our home in joint names but given that that was never an option for me, it is what it is. I need to do what I can to find a way or securing a roof over the heads of our children - doing nothing isn't an option, not when he still has access and uses the house for his child contact.
I've read a few more articles on Arbitration written by Marilyn Stowe over the weekend and I have to say that I'm beginning to be persuaded. I've also researched a little about Private FDR hearings but without any knowledge of cost for either, deciding on how best to proceed is very difficult.
I'm off to email 10-15 arbitrators now and see what they come back with...!
My sol. explained it to me that arbitration is a cheaper option than court if there is just a single issue you disagree on. As if you go to court, every aspect of the finances are looked at so this takes longer.
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