Resolving disputes surrounding children just got easier

Sue Wardropper, Family Law and Divorce solicitor at Holmes & Hills Solicitors in Sudbury discusses a new means of resolving disputes surrounding child related matters.

Historically parents have rushed to court to resolve disputes concerning their children if they were unable to reach an agreement, either directly or with the help of their solicitors.  A recent change in government policy requiring parties to mediate before starting court proceedings has resulted in fewer court applications being made but not all cases are suitable for mediation.

A new scheme known as the Children Arbitration Scheme has just been introduced to help separating parents resolve issues relating to their children.

Arbitration is an alternative method of resolving a dispute. Under the Children Arbitration Scheme, both parties appoint an Arbitrator to make a decision on any child related issue. The decision made by the Arbitrator is a final decision which both parties agree will be binding.

So what are the possible benefits of this new scheme? 

• It removes the need to make an initial application to the court and therefore removes the stress and formalities of the court process.
• Much quicker results can be achieved rather than having to wait for a court hearing date which may be important when a speedy decision needs to be made about a specific issue such as a change of school or a last minute decision about holiday or Christmas arrangements.
• The Parties can choose who they wish to arbitrate their case, with the advice of their Lawyer, rather than having an unknown District Judge or Magistrates decide their case.
• Once appointed the Arbitrator will not change, unlike the court procedure which can result in the case coming before several different District Judges.
• Costs savings can be made due to the speed of resolving the case as well as removing the need to often attend several court hearings. Lawyers will also be able to draft evidence for the parties tailored to the particular issue to be decided in arbitration thereby focusing the parties to restrict their evidence and minimising costs.
• Greater flexibility is available to the parties as to where and when the arbitration takes place which may be beneficial  if the parties live in different locations or if it is difficult for either of them to attend court hearings during office hours due to work or children commitments.
• The process is confidential throughout.

Once the Arbitrator’s decision has been made then it is possible for the decision to be recorded in the terms of a Consent Order.

Call us on 01787 275275 to arrange an appointment with one of our Family Lawyers to obtain more information about resolving children disputes.

Holmes & Hills Solicitors in Sudbury offer the added convenience of being able to meet with your Family Law solicitor on a Saturday morning.