- Arbitration is a form of adjudication, as if by a Judge, but outside the court process. Family Arbitrators are specialist family lawyers who are trained and have qualified as an arbitrator. The arbitration can be conducted on papers, at a form of hearing or hybrid. The outcome will be upheld by the court, apart from matters in very exceptional circumstances. The arbitrator is appointed by the couple to make a binding decision on the facts and evidence. On the basis of the arbitrators award the parties or their solicitors apply to the court for a consent order.
- The advantage of this form of adjudication is that the arbitrator can be chosen by the parties for the required experience or specialisation of the area of the dispute, and it is a more flexible, quicker confidential and cost-effective process than the courts. Parties will invariably be represented by lawyers, who will be involved in preparing the case for arbitration and making representations.
- There is a distinctive form of international family law arbitration, set up by iFLG founder Prof David Hodson OBE KC(Hons) MCIArb. Please contact him via the link on his profile for more information.
I want to save on lawyer fees. How can we settle our case?
Most countries around the world directly encourage resolving family disputes without using courts.¬ This is often known as Dispute Resolution (DR). It covers:
- Traditional mediation in which a neutral professional assists the couple to resolve any dispute, without the mediator giving legal advice. It covers both financial disputes and arrangements for children. It remains common for parties to also be advised by lawyers in the background during the mediation process
- Directive mediation is the same as traditional mediation but if the couple find it difficult to settle and reach agreement, the mediator has the power to indicate possible settlement options to direct towards a fair outcome. This form of mediation is often by experienced lawyer mediators and in 'hard to settle' cases
- Collaborative law occurs when the couple undertake to settle through lawyers without issuing any proceedings unless agreed. If either party then has to issue e.g., because there is no settlement or one spouse is being unreasonable, both have to change lawyers which can be to the disadvantage of some spouses
- Arbitration occurs when a lawyer qualified as an arbitrator acts as a private judge. The advantage is that the arbitrator can be chosen for the required experience or specialisation of the area of the dispute and it is a more flexible and confidential process than going through courts The parties are bound by the arbitrator’s decision
- Early neutral evaluation is an opinion given at an early stage in a dispute by an experienced lawyer as to what may be the outcome if the case were to litigate. It can save costs and become a good indication of a fair settlement
Lawyer negotiation remains the most frequent form of out of court settlement, with each person having their own lawyer advising and negotiating for them and then drawing up the final settlement order.
How long does family arbitration take?
Once the parties are in agreement to engage in arbitration, it can take a few weeks to organise, but it can also be slowed down if needed. This depends on the complexities and the availability of people involved. It is still significantly quicker than attending court, where reaching a final hearing stage can take months if not years
Can I use arbitration to resolve financial and children issues?
Yes, generally speaking arbitration can be used for both financial and children matters. There are some limitations and it is important to establish the scope of the case first to see if it can be dealt with through arbitration
Is arbitration private?
Arbitration is confidential and for that reason it may offer huge advantages to a court process
Can I appeal arbitration award?
There are options to appeal an award given in arbitration and the same test applies as when appealing a court decision. Therefore, appeals are quite rare
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