Family arbitration is a relatively new concept in family law, Barbara Corbett being the only family arbitrator in Jersey. Arbitration is a little like a private court. The parties choose their arbitrator, ensuing it is someone with the necessary experience and expertise for their particular case. The date and venue are also arranged by the parties’ lawyers. This means it can be very flexible, fitting round the availability of the parties, sitting in the evening or at weekends if desired as well as during the week. The process is less formal than court proceedings but nevertheless the parties are represented by their lawyers who put their case for them. The arbitrator hears evidence and asks questions in order to have sufficient information to reach a decision. Then the arbitrator makes his or her decision and provides a written “arbitral award” setting out what has been determined. The parties’ lawyers (or the arbitrator) then turn the award into a consent order for approval by the judge in the Family Court. Arbitration results in a final decision which mediation and negotiation by lawyers may not. It is flexible and tailored to the needs of the parties.
Advocate Le Quesne commented: “We are very pleased that Barbara has been invited to speak at this event. While Barbara can arbitrate for people who are not clients of Corbett Le Quesne, her membership of CIArb and the Institute of Family Law Arbitrators ensures that she has access to a wide circle of family arbitrators internationally who will be able to independently arbitrate cases involving Corbett Le Quesne clients. At Corbett Le Quesne we encourage our clients to consider all forms of alternative dispute resolution to resolve their family law problems.”