Jo Carr-West and Eri Horrocks explore the advantages and challenges of arbitration in the Financial Remedies Journal
Jo and Eri’s article was published in the Financial Remedies Journal, 2 December 2024, and can be seen here.
Jo Carr-West, Partner and Eri Horrocks, Senior Associate in our Family & Relationships department, discuss arbitration as an alternative dispute resolution (ADR) method, emphasising its advantages, challenges and offering practical considerations from experience.
With the introduction of new NCDR (non-court dispute resolution) provisions, arbitration has gained renewed attention as a flexible, confidential, and efficient alternative to court proceedings. Since its launch in 2012 and the reassurance provided by Haley v Haley regarding appeal routes, arbitration is increasingly seen as a client-friendly solution to avoid the delays and publicity of court.
However, Jo and Eri caution that arbitration is not without its challenges. They highlight common pitfalls such as poor preparation, unclear expectations, or misunderstandings about the process that can lead to increased costs and frustration. These “bear traps” can undermine the benefits of arbitration if not carefully managed. Drawing from their own experience, they offer practical tips to help practitioners and clients navigate the process more effectively.
Ultimately, the authors argue that while arbitration is not a silver bullet, it can be a powerful tool when used appropriately. With thoughtful planning, clear communication, and a realistic understanding of its scope, arbitration can deliver fair and timely outcomes. Their insights serve as a valuable guide for those considering arbitration as part of a broader dispute resolution strategy.
Read the full article on the Financial Remedies Journal website [external link].