Practitioners’ lack of knowledge causing arbitration to stumble

The President has once again endorsed the use of arbitration in appropriate financial cases by introducing the best practice guidance.

Earlier this year I ran a survey to see what people thought of arbitration and if it is an attractive option that is worthy of serious consideration. Many of those who responded were lawyers and they gave their responses generously and anonymously.

Happily 93% of those people who took the poll had heard of arbitration using the IFLA scheme this was a good start!

I wanted to understand what preference people had in respect of Dispute Resolution processes is arbitration a serious contender or a flash in the pan?

According to the respondents a surprising 3.23% don’t recommend any dispute resolution services at all. This is very disappointing given the efforts made by many practitioners to resolve family disputes outside the court arena.

Mediation is preferred as the first choice of DR (32%) followed by voluntary disclosure (29%) and collaborative law (19%). Arbitration...

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