High Net Worth Divorce Videos

Date when Video was Published: 16/06/2023

Arbitration is the less considered alternative dispute resolution (ADR) along with but not limited to mediation as an alternative to court proceedings. A simple way of describing arbitration is ‘a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute’. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. Arbitration is consensual and can only take place if both parties agree plus the final agreement is binding. The Arbitration Act 1996 governs the conduct of arbitrations within England, Wales and Northern Ireland which imposes a tribunal to act fairly and impartially. They can take place anywhere and the parties have an almost free reign to determine the structure and procedure to the proceedings. However, it does have its disadvantages. It requires good faith and agreement between the parties. A court has wide powers to punish litigants who are obstructive in their conduct of proceedings. An arbitrator’s powers are not as strong as to find someone in contempt of court. Arbitration does seem to have a future in the United Kingdom as a means of dispute resolution and enjoys strong support from the Ministry of Justice and the judicial system. Simple but effective reforms to the Arbitration Act 1996 have been proposed by the Law Commission who have published a consultation paper which contains provisional law reform proposals to ensure that the act remains ‘state of the art’. Duncan Lewis Divorce Solicitors appreciate that you will be contacting us in challenging and emotional circumstances. For that reason, we are here to advise on legal procedure relating to divorce and connected matters and answer any questions that you may have. Please visit our website or call us directly on 033 3772 0409

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This video content was created on 16/06/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.