Level 1

This fixed fee package applies in the following circumstances:-

  1. The arbitration is conducted on paper only. It requires the following: -

  1. The above can, and preferably should, be supplied, in whole or in part, by a statement from a mediator who has supervised disclosure and negotiations between the parties. In the alternative, where the parties have used legal representatives, a joint statement from them can be used. Otherwise an agreed statement, signed by both parties, dealing with the first three matters set out above, MAY be accepted by the arbitrator at his/her discretion.

  2. Upon receiving the arbitration instruction, the arbitrator will review the documents supplied and may notify the parties of any further information, documents or evidence which are required, direct who is to be responsible for producing the same and the timescale within which it is to be produced.

  3. The arbitrator will not examine or consider original documents or make findings of fact. The arbitrator will simply decide what financial and property dispositions to make on the basis of the agreed financial information. In the event that the facts are materially in dispute, the arbitration will move to one of the other levels of service.

  4. Once the arbitrator is satisfied that s/he has all the material needed to take the decision, the written decision will be sent to the parties within fourteen days of the arbitration fee being paid in full.

  5. The parties shall be responsible for submitting to court a consent order incorporating the arbitrator's decision. The arbitrator may be asked to certify that the draft order conforms to the arbitration decision. 

The fee chargeable for this service is £750, which is to be paid in equal shares by the parties.

 

Level 2

This fixed fee package carries the same features as Level 1 save for the following variations:-

  1. The arbitrator may be requested to make findings of fact from the documents supplied by the parties. The arbitrator will not hear live evidence from witnesses.

  2. The parties may opt to make oral argument to supplement their written submissions. Any hearing will be conducted remotely by skype or some other suitable video service.

  3. If required, the arbitrator will conduct a preliminary hearing to resolve any disputes about the material required to conduct the arbitration satisfactorily and give directions as to how it is to be obtained.

The fee payable for this service is £1,500, which is to be paid in equal shares by the parties.

 

Level 3

This service is the equivalent of court proceedings, save that it is tailored to the specific circumstances of the parties.

  1. The parties or their representatives will submit, so far as is possible, the documents specified in Level 1.

  2. The parties may also submit either agreed specimen directions for the conduct of the arbitration or their competing proposed directions.

  3. The arbitrator will either decide the appropriate directions from the written materials submitted or will direct a hearing to determine them.

  4. Hearings may be conducted remotely as in Level 2, or at a location convenient to the parties and booked by them. There will be as many hearings as are needed to resolve procedural matters and ensure a fair determination of the financial dispute.

  5. The arbitrator may be invited to hear live witness evidence, including expert evidence where relevant and appropriate, in order to make any necessary findings of fact.

The fees payable for this service will be calculated for each successive stage of the process and notified to the parties during the course of the arbitration. Again, the fees are payable in equal shares by the parties.

 

Disagreeing with the Arbitrator's decision 

The arbitrator's decision is final save only for errors of law. If a party considers that the arbitrator has made such an error, the appropriate procedure is for the other party to issue notice to show cause why an order should not be made implementing the arbitrator's decision. This application will normally be to the County Court. The party objecting to the decision on a point of law will then have the opportunity to argue that the order should not be made and a different order made instead.

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