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 Arbitration, an independent and specialist third party (an Arbitrator) helps you and your former partner by deciding upon certain matters which you cannot resolve yourselves. Therefore, rather than focusing on helping people to reach agreement, the Arbitrator is there to impose an outcome.

You would each, at the commencement of the process, agree to be bound by the decision of the Arbitrator, even if it is one which either party disagrees. The process is faster, less formal, and often more cost-effective than going to Court, while still providing a legally binding resolution.

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What does an arbitrator decide?

The Arbitrator only decides upon the specific issue(s) that the couple agree that need to be resolved. The Arbitrator 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 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 family Arbitration can be tailored to suit your own family’s requirements. Also, unlike the Court arena, where different Judges may be involved in different parts of the proceedings, the same Arbitrator will (barring the unforeseen) oversee all hearings. This 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 Alternative Dispute Resolution (ADR).

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 to resolve disputes. In the context of UK Family Law, Arbitration is often used to settle disputes related to child arrangements, financial matters after divorce or separation, and also property disputes.

The process involves both parties agreeing to appoint an Arbitrator, who is usually a senior Solicitor 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 much 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 (and legal costs) for all parties involved.

Control: You and your former 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.

Whilst 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, any decision made by an Arbitrator is legally binding in most cases. Once the Arbitrator has issued their Award (their 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 Award (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 same, 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, the amount of issues which need to be decided and the number of hearings required. Usually, 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, Barrister 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 a Court arena. 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 Alternative Dispute Resolution (ADR), such as Mediation or Court, might be necessary.