essex family arbitration
Our Services
Early Neutral Evaluations
PRIVATE FIRST APPOINTMENTS & Dispute Resolution Appointments
Arbitrations
Early Neutral Evaluations
ENE provides an independent assessment of issues and offers a realistic view of the strengths and weaknesses of each party’s case based on the financial disclosure that has taken place at that time. This is to help facilitate negotiation and promote settlement.
An agreed summary of the case and the key issues, with relevant supporting documentation will required.
The view of the evaluator is non-binding, providing a guide towards settlement rather than forcing a decision.
The ENE can take place in person, by video link, or on the papers.
The process is confidential and the outcome cannot be referred to in any court proceedings.
Fees depend on the volume of the documentation and the complexity of issues. For routine cases, with documents up to 300 pages, with an agreed schedule of issues and asset schedule – fees will be £495.
Room hire is chargeable separately as out-of-pocket expenses (disbursements) to be shared equally unless there is specific agreement to the contrary.
Private First Appointments &
Dispute Resolution Appointments
Consideration of the evidence provided by parties and the key issues. Reviewing areas where additional evidence would be required and the directions to obtain those. Hearing what the parties have to say about their own positions and those of the other person.
Providing an indication of the likely outcome, based on the evidence available and facilitating discussions with a view to the parties reaching a settlement.
The process is confidential and non-binding although any agreement may be implemented by the parties and consent orders submitted to court for approval.
Fees depend on whether a decision on paper is enough or whether a meeting is needed and the number and complexity of issues to be resolved. Fees for pFDRAs with an agreed bundle and summary of issues, start from £895 for an indication on the papers.
Room hire is chargeable separately as out-of-pocket expenses (disbursements) to be shared equally unless there is specific agreement to the contrary.
Arbitrations
The parties are required to complete the appropriate ARB1, which will outline the scope of the disputes to be resolved.
Arbitration is a contractual agreement between the parties and the arbitrator.
Before entering into the arbitration agreement, a preliminary meeting is held to discuss the process, agree timelines and any preliminary information that will be needed and to ensure that everyone is clear about their expectations and the process.
Following acceptance of the instruction, the arbitrator may give preliminary directions to deal with areas where more evidence is required.
Once all relevant evidence has been obtained, a hearing can be fixed for the parties to present their case, with the arbitrator asking questions if clarification is needed. After considering the evidence and arguments, a written decision will be provided. This is in the form of an Award (in the case of a financial dispute) or a Determination (for disputes about children’s arrangements).
The process can be tailored to suit the needs of the parties, and only the outstanding issues may need to be dealt with, taking into account what has been agreed. It is less formal than a court application, although the applicable law is the same and the arbitrator is able to be more inquisitorial about their questioning.
Fees depend on whether a decision on paper is enough or whether a meeting is needed and the number and complexity of issues to be resolved. Decisions on the papers:
- Single issue, agreed note of positions and bundle up to 150 pages £495
- Multiple issues, agreed note of position, bundle up to 500 pages £895
Meetings £200 p hr (to be shared equally between the parties). Plus fee as above (which includes preparation and decision writing time). Meetings can be remote or in person.
Contact info
Tele: 07704 982770
info@essexfamilylaw.co.uk
Monday to Friday:
9:00 am to 5:00 pm
Essex Family Arbitration
Essex Family Arbitration is a trading name of Essex Family Law. Essex Family Law is regulated by the SRA, SRA no. 629066
Address
Essex Family Arbitration
Saxon House,
27 Duke Street,
Chelmsford,
Essex CM1 1HT