Arbitration

Arbitration provides another alternative to court-based litigation. It enables you to bring your dispute to an end, in a private and confidential setting, by giving you a binding decision.

Arbitrators (often highly skilled family law barristers) have extensive powers and wide discretion. They can be used for the entire process, to conduct final hearings or to determine discrete issues such as a chattels dispute. Arbitration is often suitable for financial matters but is becoming increasingly popular for children disputes, where there are no safeguarding concerns.

Benefits of arbitration:

Control – you both choose the arbitrator, or a specialist is selected on your behalf by the IFLA (Institute of Family Law Arbitrators). You will have the reassurance that the arbitrator will be suitably qualified and will have read the paperwork thoroughly and carefully. The same arbitrator can be retained throughout (whereas this is not guaranteed via the court).

 

Confidentiality – arbitration is completely confidential and held in private.

 

Flexibility – you can choose how to run the procedure – to include whether you require oral evidence, submissions only or for a decision to be based on the papers only

Timescales – if an agreement can be reached to arbitrate, concluding matters will often be quicker than any court process.

Value – Whereas arbitration can be more costly than other private hearings or mediation, it is often far better value than litigating through the courts where there is in-built delay.Finality – you secure a legally binding result, which will then be converted into a court order (save in rare circumstances).