Mr Justice Moor has recently heard the case of CM v CM [2019] EWFC 16 which concerned financial remedy proceedings.
Directions had been given for the instruction of an expert to value companies and provide assessments of future income etc. The parties were unable to agree the letter of instruction and made an application to the court to determine the wording of the letter. Moor J, in a very brief judgment, stated:
“High Court judges are exceptionally busy. They do not have time to draft letters of instruction or even to determine disputes as to the wording of such letters. On this occasion, there was no legitimate dispute as I had already made an order that set out the issues Mr Bezant had to consider. If, however, in a future case, there is a genuine issue as to drafting, I consider it would be exactly the sort of matter that should be referred to an arbitrator who is accredited by the Institute of Family Law Arbitrators…. Specific issue arbitration is perfectly proper and appropriate even in cases that are proceeding through the court system”.
The Judge then went on to make an order for costs against the applicant in the case, and explained that the judgment should be added to Bailli to highlight the use of the arbitration scheme.
Specific issue arbitration is suitable for both financial and children cases. The flexibility of the scheme means that an issue can be referred for arbitration when the parties are in court proceedings, to determine an issue which is blocking the progress of mediation, or indeed if the parties need an issue resolving as part of their private discussions. Examples of specific issue arbitration in children cases might include which nursery or school a child should attend, which name a child should be known by, or what time they should spend with each parent during school holidays.
1COR offers a specific issue children arbitration expertise as well as the full children arbitration service. Get to know our arbitrators and find out more here or on Disputes Mediated.
