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An alternative to litigation?

Arbitration has slowly marched towards recognition and is now a viable alternative to litigation in family dispute resolution

12 January 2016

In April 2014, the Ministry of Justice introduced the new, single Family Court, with the aim of improving an already burdened court system. It aspires to make access to justice simpler for those who use the courts, and is particularly aimed at improving arrangements for child related cases.

Coupled with cost saving exercises and proposals to significantly reduce the court estate, resulting in fewer court buildings, many family law clients, especially those with financial cases, are facing increasing delays with less court time available to resolve their issues.

Is arbitration, rather than traditional litigation through the court system, now an increasingly attractive alternative?

On 23 November 2015, Sir James Munby, President of the Family Division, ‎issued practice guidance on arbitration in the family court. Arbitration has been a corne...

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