Arbitration revisited

Divorce Arbitration blog in April 2012  reflected on the first 40 divorce arbitrators appointed through the Institute of Family Arbitrators. Since then, the President Lord Justice Munby in S v S has given arbitration in financial remedy cases a massive boost. A final piece of the jigsaw has been thrown down on the table by Mr Justice Mostyn in J v J – a matter which I covered in the blog Scandalous Costs.

You don’t need to be clairvoyant to detect the future for financial remedy cases. With unacceptably escalating costs in adversarial court processes, coupled with the possibility of open justice through public courts, we are unlikely to continue to litigate many financial cases as we have done in the past. The alternatives may not be as I described in Solving Disputes, but there is a lot to commend the concept of private resolution.

So, how well placed are our northern regional centres – such as Manchester, Sheffield Leeds and Newcastle – to meet future demand for private arbitrations of disputes about family finances?

A handful of individual of regional practitioners have taken the plunge to qualify as financial remedy arbitrators, yet there has been no consistent policy to produce pairings, let alone teams within barrister’s chambers or solicitors’ practices. Further, we have developed no marketing arm to promote arbitration, or practice policy to bring arbitrators together.

The Chartered Institute of Arbitrators, as a regulatory body, can do so much – perhaps mainly for London based practitioners – but it hasn’t the reach to make a difference in the provinces, and market weight will not remedy this deficiency for some time to come.

This market sector is highly specialised, so it is unlikely to attract corporate players outside the current legal community of financial remedy practitioners. But that is not to say that the regional market cannot be absorbed by London collectives.

Now may be the time for northern financial remedy arbitrators to make changes – to be less reliant on the old systems of referral – and much more focused on direct marketing with a single regional dispute resolution centre. Lord Justice Munby is paving a way that we in the north would be remiss not to follow.

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Community Justice – the ‘community court’ for 2015

community justice centre

Today, the Stephen Twist Barrister blog is three years of age.

Back in January 2012, in the then ‘Dere Street Barristers Blog’, my first posting ‘Thirty Three Thesis Thirty Three  has stood the test of time. Lawyers’ fees and earnings reduced over the following three years;  the world did not end (as the Great Cycle of the Long Count predicted) on 21 December 2012; and my chambers survived a further three years.

My preoccu-prediction that mediation would develop apace was a sage guess – with ADR continuing to rise over three years in civil and family cases, and restorative solutions appearing increasingly in criminal processes. Perhaps my vision of paper-free practices was less visionary. Third party investment in the legal profession was an event that foretold of a trend. More prominent, direct access to the Bar has continued to provide an alternative to the ‘gold card’ spend.

As precursors for this blog, my increasingly present concerns about ‘court process’ resulted in a series of blogs relating to privatised courts, starting in May 2013 with Privatised Courts – where to, where from? The September blog Fit For Purpose, addressing the idea of private court hearings, proved very popular – to the point that it was passed off as the work of an infamous silk until the Bar Council caught up and exposed him. Although slightly off-piste, Party Animals published in February 2014 looked at alternative approaches to family court litigation. However, it was not until July 2014 that my blog got to grips with the prospect of Dispute Resolution Centres in Solving Disputes and Scandalous Costs in November 2014.

Michael Zuckerman, in his excellent article, The Experience of Dignity: Community Courts and the Future of the Criminal Justice System tells of the Red Hook Community Justice Centre in Brooklyn as a community court. Until I read his article, I had not heard of the 70 multi-jurisdictional community courts. The concept, reminiscent of Nils Christie’s paper Conflicts as Property, has significant merits. It returns justice to the community affected, and empowers rather than simply punishes.

So why, in Britain, do we not have such a centre? The economics make total sense. If reduction in offending is an objective, this is surely the way forward. Client and community satisfaction appear to be met exponentially by the project.

As a Youth Offending Panellist and trained restorative justice facilitator, I have seen first hand the benefits of alternative approaches to justice and conflict resolution. Now seems to be the perfect time to return conflict back to the community for repair, rather than to estreat it to the courts for punishment.