Arbitration

Our Family team can help you with all aspects of family disputes through arbitration. Our arbitrators remain fully independent during the discussions and aim to reach a fair decision for all parties.

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Arbitration

Arbitration is an out of court solution to resolving family law disputes that is often less stressful than going to court and can be financially cheaper. It is a voluntary process and involves agreement by the couple that the outcome will be legally binding. It can be a quick and easy way to resolve matters. The arbitrator remains independent and impartial throughout the process. It extends to many types of family disputes including financial and property disputes and matters relating to children. The parties will need to apply to the court for a Consent Order to reflect the award or determination made.

Arbitration is a form of family dispute resolution. The parties agree to appoint a qualified Arbitrator to adjudicate their dispute and make an award. Arbitration in family law normally takes place under the auspices of the Institute of Family Law Arbitrators (IFLA). Arbitration has been endorsed by the courts and judicial guidance as being a process that can take the place of the court process. It is often cheaper, less expensive, and less stressful than court proceedings. Arbitration covers most areas of family law including financial remedies on divorce and children cases. The decision of the arbitrator is binding on the parties which provide certainty of outcome and is therefore difficult to appeal. A court however retains jurisdiction to ratify the arbitration award as a check and safeguard that the award falls within the parameters of what a Judge considers reasonable having regard to the statutory guidelines set out at Section 25 of the Matrimonial Causes Act 1973.

Frequently Asked Questions

How long does family arbitration take?

The length of time that a family arbitration takes is normally decided by both the parties and the arbitrator. The parties can decide whether the arbitration should be a purely written process based on written submissions with the arbitrator making a decision on paper. Alternatively, the arbitration is more in line with a court process, although private and outside of the public domain. Arbitrators are adept at streamlining directions so that cases can be heard more quickly and more cheaply than if the case were being heard in court.

Is arbitration better than mediation?

Both processes are different. Arbitration takes place when a couple needs an issue or various issues to be resolved with a decision being made that will be legally binding. By contrast, mediation is used where the parties need the assistance of a neutral third party to help them facilitate a voluntary agreement. Sometimes, arbitration may be used if the mediation did not result in an agreement being reached on all issues. Arbitration may be used to resolve one or several points while the mediation is paused or at the end of the mediation process.

What are the disadvantages of arbitration?

Arbitration has a degree of finality in the sense that once a decision has been made by the arbitrator, it is likely to be legally binding although this is subject to the court ratifying the arbitration award by final order. Some people may feel that they prefer the transparency of court proceedings, which are increasingly more in the public domain nowadays. Additionally, some parties may feel that if they lose the arbitration, they have paid for an outcome they dislike.

Is arbitration more expensive than mediation?

Arbitration is not by default more expensive than mediation and it is possible to go to arbitration directly without using lawyers. However, mediation in the family law form is most often a direct process without lawyers attending, whereas arbitration tends to be more lawyer attended. It is best to find the process that is most suitable for your circumstances and our family lawyers can recommend and guide you about this further.

When should you use arbitration?

Arbitration should be used when the parties have an issue or series of issues that need to be determined and it is not possible to reach agreement directly or via other out of court solutions. Arbitration is often seen as being particularly useful when the parties need a decision made on a discrete issue such as whether a pension should be shared, and how pensions should be divided in a financial remedies’ context; or for example whether a parent should take a child on holiday from a children law perspective. Arbitration is therefore seen as a route to getting a matter resolved quickly and very often, less stressfully and less expensively.

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