Lawyers say the scheme is likely to attract “super-rich” couples bickering
over “big money” divorce settlements who want negotiations carried out
discreetly.
It is also understood the be a popular avenue in disputes about ownership of
property between cohabiting couples and civil partners and so-called
“schedule one claims” – maintenance orders relating to a child born to
parents who have never married.
Some 40 lawyers have already trained to be arbitrators for the service
launched by the Institute of Family Law Arbitrators, and there is a waiting
list of lawyers wanting the training.
Marilyn Stowe, senior partner at Stowe Family Law, told the
Financial Times that she thought the scheme would be attractive to two
groups of people.
“Those who are in big money cases who can circumvent the waiting period in the
courts and also are prepared to pay the fees of the arbitrator to have the
benefit of privacy.”
She added the second group could include litigants who might want an
arbitrator to decide the case or a specific point.
“Arbitration is tailored to the couple and we do not have to go through the
entire process which we do in court. If you do not need a hearing, the
arbitrator can decide something on paper. It’s more informal and quicker,“
she said.
James Pirrie of Family Law in Partnership, a team of specialist family
lawyers, said he envisaged a big take-up for arbitration cases.
He said: “Court queues are growing – meaning longer delays and more costs for
those going to court. That increases the pressures on judges, who have
bigger caseloads to manage and less time for each case and there are
inevitable stories of bad outcomes.”
“That means that appeals are likely, leading to an even longer process and a
greater likelihood of loss of privacy as the media become involved.”
*article from The Telegraph
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