Family Arbitration - Guaranteed Outcome for Financial Settlement 

 
Overview 
 
Family Arbitration (Institute of Family Law Arbitrators) is a new method of resolving family disputes over property, money and pensions, maintenance and the like, by adjudication but outside the family courts. It has advantages over the courts as follows: 
 
You both choose your adjudicator – so you get a family law expert which you might not get at court 
 
You only ask them to decide the parts of your settlement you cannot agree – so this is ideal if there are single or odd issues left outstanding in mediation 
 
It is fast – it can be done in weeks, you don’t have to fit a rigid court timetable that takes over a year 
 
In some circumstances you don’t have a hearing – the decision can be done on paper submissions and handed down 
Focus does not offer arbitration – so why are we telling you about it? 
 
We are telling you about family arbitration, so we can help you resolve issues that may get “stuck” in mediation so you can still get a fast outcome even if your mediation has left one or two issues unresolved. 
 
Guaranteed Outcome 
 
Imagine you have completed disclosure and want a fast solution, but you cannot agree the issue of spousal periodical payments or the size of a pension sharing order? There may well be other aspects of your settlement you have agreed. An early arbitration will give you a fast affordable decision to complete your mediation. Two forms of ADR operate together to provide a guaranteed outcome. 
You can sign up to mediation and arbitration together. Then if you cannot agree a settlement, you have pre-authorised any outstanding issues. It guarantees there will be an outcome to your mediation – as if you don’t mediate a full agreement, there will be an arbitrated decision. We do not get any benefit from recommending this, we do it simply to increase the range, quality and services we can offer to our clients. If you elect for this option you will either meet the potential arbitrator before mediation starts –or later, if you are stuck. This combination option guarantees an outcome to mediation via arbitration if needed – amazing how it focuses minds and encourages a deal in mediation too! 
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Medarb is where people sign up to mediation and then if they cannot agree their settlement, they have pre-authorised the mediator to arbitrate any outstanding issues. It guarantees there will be an outcome to your mediation – as if you don’t mediate a full agreement, there will be an arbitrated decision. Medarb is not yet happening in England and Wales (2013) – but may start in the next few years. We want to offer the benefits of Medarb now - via specialist family arbitrators as an addition to our mediation services. We do not get any benefit from recommending Medarb, we do it simply to increase the range, quality and services we can offer to our clients. If you elect for this option you will either meet the potential arbitrator before mediation starts –or later, if you are stuck. This combination option guarantees an outcome to mediation via arbitration if needed – amazing how it focuses minds and encourages a deal in mediation too! 
Usually your arbitration can be held within a month, unless you need to await a report of an outside expert like a pensions actuary – it is an alternative way out of dead-lock from mediation that avoids court but gets you a deal. We should emphasise, most cases do settle in mediation, this is simply back-up option. 
The additional option of family arbitration means we can offer a fast, certain outcome in every case, even if mediation doesn't resolve everything. Result!