Family Arbitration

If you are facing a family dispute, such as disagreements over child arrangements or financial settlements, resolving the issue can feel overwhelming. While many people still think of family disputes being settled in court, family arbitration offers a more collaborative and private alternative. In family arbitration, a neutral third party (an arbitrator) helps you and your ex-partner reach a fair decision. The process is faster, less formal, and often more cost-effective than going to court, while still providing a legally binding resolution.

Family arbitration helps couples who are struggling to reach agreement on financial issues by referring the decision to a neutral, specialist third party (the arbitrator) and agreeing to be bound by the outcome they decide – even if it is a decision with which either person disagrees.

Rather than focusing on helping people to reach agreement, the family arbitrator is there to impose an outcome. Clare Thornton is one of only a few qualified family arbitrators in the country, and is happy to speak to you on a no obligation basis to discuss the process and provide guide costs on an individual case basis.

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What does an arbitrator decide?

The arbitrator only decides on the issues that the couple agree need to be resolved. They will also decide on the procedures that will be used to settle the issues fairly, avoiding unnecessary delays and expense.

Who attends family arbitration meetings?

People can choose to be represented at family arbitration meetings by a solicitor, barrister or a friend, but this is not compulsory. In some cases, people decide to represent themselves.

How does arbitration differ from the court process?

Unlike a court-imposed timetable, the timing of a family arbitration can be tailored to suit your requirements. And, unlike a court, where different judges may be involved in different parts of the process, the same family arbitrator will (barring the unforeseen) oversee all hearings, which means things can move forward in a more focussed, and therefore more economical, way.

Family arbitration can be reassuring for people who doubt their former partner’s ability to reach a sensible agreement to know that they will exit the arbitration process with a decision, providing finality and enabling them to move forward. It is also a flexible process, which can make it a quicker, cheaper and far less formal than other methods of dispute resolution.

What is Family Arbitration and How Does it Work?

Family arbitration is a form of alternative dispute resolution (ADR) in which a neutral third party, known as an arbitrator, helps resolve disputes between family members. In the context of UK family law, family arbitration is often used to settle disputes related to child arrangements, financial matters after divorce or separation, and property disputes.

The process involves both parties agreeing to appoint an arbitrator, who is usually a senior family lawyer or a retired judge with expertise in family law. The arbitrator listens to both sides, considers the evidence, and makes a decision that is legally binding. The key benefit of arbitration is that it offers a more private, flexible, and potentially quicker alternative to going to court.

What Are the Advantages of Family Arbitration Over Going to Court?

Family arbitration offers several advantages compared to traditional court proceedings, including:

Confidentiality: Unlike court hearings, which are public, arbitration proceedings are private, helping to protect sensitive information.

Faster Resolution: Arbitration can be quicker than waiting for a court date, potentially saving time and reducing stress for all parties involved.

Control: You and your ex-partner have more control over the process, including choosing your arbitrator and deciding when and where the hearings will take place.

Flexibility: The process is more flexible and informal than going to court, which can be helpful for parties who wish to resolve their disputes in a less adversarial way.
While arbitration is not always suitable for every case, it is often seen as a more practical and efficient way to resolve family disputes.

Is the Decision Made by the Arbitrator Legally Binding?

Yes, the decision made by an arbitrator is legally binding in most cases. Once the arbitrator has issued their award (the decision), it carries the same legal weight as a court order. This means that both parties are required to comply with it. If either party fails to do so, the decision can be enforced by the court.

However, if one party feels that the award is unfair, they have the option to apply to the court to appeal or challenge the decision, although this is only possible in limited circumstances (e.g., if there is evidence of misconduct by the arbitrator).

How Much Does Family Arbitration Cost in the UK?

The cost of family arbitration in the UK can vary depending on several factors, such as the complexity of the case, the experience of the arbitrator, and the number of sessions required. On average, you can expect to pay an hourly fee for the arbitrator’s time, which can range from £150 to £400 per hour or more. Some arbitrators may offer a fixed fee for certain types of disputes, such as child arrangements or financial settlements.

Although family arbitration can be more cost-effective than court proceedings (which can involve court fees, solicitor fees, and travel expenses), it’s important to weigh the potential costs against the benefits of resolving the dispute more quickly and privately.

When Should I Consider Using Family Arbitration?

You might consider using family arbitration when you and your ex-partner are unable to agree on key issues, such as child custody arrangements, financial settlements, or property division, but are open to resolving the matter outside of court. It can be particularly useful if you, want a faster and more private resolution to your family dispute, prefer to avoid the adversarial nature of court proceedings, and want a legally binding decision but need more flexibility than a court can offer.

Family arbitration is most suitable when both parties are willing to cooperate and engage in a constructive manner. If there are serious concerns about domestic abuse, child protection, or an imbalance of power, arbitration may not be appropriate, and other forms of dispute resolution (such as mediation or court) might be necessary.