Regional law firm Birketts LLP is leading the way in providing an entirely new, quicker and potentially cheaper option for separating couples in East Anglia to enable them to resolve their financial or property disputes outside of a formal court process.
The national Family Arbitration Scheme was launched today [Wednesday 22 February 2012] by the newly formed Institute of Family Law Arbitrators (IFLA). Under the scheme, IFLA has formed a panel of experienced family lawyers who will act as arbitrators, or effectively a ‘private judge’, for disputing couples.
Fewer than 40 lawyers, mainly retired judiciary and highly experienced specialist practitioners, have so far qualified as family arbitrators in the UK. There are only four in East Anglia including Oliver Gravell and Ian Pattinson, both partners and family law specialists at Birketts.
Oliver Gravell is currently the only qualified family arbitrator based in Ipswich and Ian Pattinson is one of only two based in Cambridge. Ian and Oliver will also provide this new service via Birketts’ Norwich and Chelmsford offices to ensure the option is available across the region.
Previously, for separating couples where mediation or collaborative law was unsuitable, the only remaining option was to go to court and put the decision in the hands of a judge.
Explaining more about the benefits of the new family arbitration scheme, Ian Pattinson said: “Going to court is a costly option and couples can wait months and months for a date to be set. They also have no say in the timings, the identity of the judge appointed on the day or the number of other cases in their judge’s list.
“Now separating couples can choose to appoint a family law arbitrator who will effectively act as a private judge. This will speed up the process, cut costs and allow both parties to be confident that their case is being heard by a specialist in family law who is able to focus on their case without interruption.”
Similar to the court process, a family arbitrator will hear both parties’ case as set out by their lawyers, listen to any evidence and then make a decision on the issues which they have been unable to resolve. The decision is known as an ‘Award’ and is binding on them. It can cover either the whole case, or distinct parts of it, for example interim maintenance, division of assets or ownership of property. It has the added advantage of full privacy and confidentiality.
Ian added: “This option would have been perfect for Heather Mills and Paul McCartney who saw details of their own battle over the division of assets become a very public and hot topic of conversation. Court rooms, even family ones, can be open to the public, where as family arbitration is held in private.
“However, it’s not just a solution for the rich and famous. It provides an alternative option for any couple ending a relationship to resolve financial disputes quickly, cheaply and in a more flexible and less formal setting than a court room.”
Oliver Gravell concluded: “Arbitration has been around for a long time in other aspects of law including in commercial and construction contracts. But it has never been used before in resolving family law cases.
“We are proud that Birketts is leading the way in providing this new option and that we continue to provide creative solutions to assist our clients when their family relationships break down. This is part of our commitment to provide all the different approaches to resolving family disputes including mediation and collaborative law alongside the traditional court based approach.”
It is hoped the new scheme will save also save court resources and reduce pressure on the already stretched family courts. The formal launch of IFLA will take place in London on 26 March 2012 and will be chaired by the former Lord Chancellor, Lord Falconer of Thoroton.
Posted: 22/02/2012