Clarence Family Law: Arbitration

What is arbitration?

Some separating couples are unable to reach an agreement on their financial or child arrangements. A binding decision is thereby required, albeit most wish to avoid going to court to secure that decision.

Family arbitration provides an alternative to court-based litigation. It enables parties to bring their dispute to an end, in a private and confidential setting.

With arbitration, the parties agree to appoint a suitably qualified individual to adjudicate the dispute and accept the arbitrator’s decision (the “award”) is final, then applying to the court for an order to give effect to this decision.

Arbitrators 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 judicial continuity 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).

Frequently Asked Questions

What is Family Arbitration?

Arbitration is a private and legally binding process for resolving family disputes outside of court. The parties jointly appoint an independent arbitrator, usually an experienced legal professional, who considers the evidence and makes a final decision. It can be used to determine financial issues, property matters, or child arrangements, providing a more flexible alternative to court proceedings while still delivering a binding outcome.

How is an arbitrator selected?

The parties can jointly select an arbitrator, often with guidance from their lawyers. It is advisable to choose someone with particular expertise in family law. If agreement cannot be reached, an arbitration body can appoint a suitable arbitrator.

What is the arbitral process?

Stage 1: Agreement to arbitrate

You choose your family arbitrator and agree whether you are going to use the process to resolve the whole dispute, or a discrete part/s of it. You can also choose where and when the meetings take place.

Stage 2: The family arbitration process

Your first meeting will typically be via a video or telephone conference call.

You will agree the timescales which would ideally suit you as well as determine what needs to be done by all parties to meet that timescale and present your case for arbitration. After this, you can choose whether to continue the process through face-to-face meetings (which can be as similar or dissimilar to the court process as you both would like) or by written communication.

Stage 3: The hearing:

There will then be a hearing of your case. This can be with all parties around a table, on the telephone or simply via paperwork. The arbitrator will be fully engaged in your case and make sure that the time is effectively used. Much like a decision made in court, the family arbitrator makes a final decision. The elected family arbitrator puts the decision in writing, including written reasons and can also provide you with a draft order to be filed in court (if you do not have a solicitor to do so for you).

Where does an arbitration take place?

Where the Arbitration takes place is very much down to the parties. The Arbitration can be in person or can be online. If in person, then one of the parties’ solicitors may offer the three rooms required to host an Arbitration. If Counsel is also involved, Counsel’s Chambers may also offer an Arbitration suite or, alternatively, the parties can agree to hire an appropriate venue.

What is the difference between mediation and arbitration?

Although both are forms of alternative dispute resolution, they operate in different ways. In mediation, a neutral mediator supports the parties in reaching their own agreement. In arbitration, the arbitrator considers both sides and makes a binding decision. Where a definitive outcome is preferred over continued negotiation, arbitration may be more appropriate.

Can an arbitral decision be appealed?

Arbitral decisions are rarely overturned. Although appeals are possible, they are only permitted in limited circumstances, such as a serious legal error or procedural irregularity. As a result, parties should generally proceed on the basis that the arbitrator’s decision will be final.

❝Extremely professional and efficient. Helen Wilby and her associates made what could have been a very difficult process stress free whilst acting on my behalf. Keeping me informed at all times.❞

Why Choose Us?

A leading boutique family law firm situated in Richmond upon Thames: We act for a wide variety of clients, many of whom are based in the local area and Surrey, throughout London as well as nationally and internationally.
We are happy to travel/ arrange meetings close to where you live or work: We have access to meeting rooms across London and nationally. By lowering our overheads in this way, we can provide direct savings to our clients without compromising our high level of service and efficiency.
We provide city expertise at very competitive rates: Helen and Adam acquired their knowledge and experience in some of the most highly regarded family law departments in London, including Sears Tooth, Mishcon de Reya LLP and Penningtons Manches Cooper. They each maintain a wealth of connections in the family law arena, including leading family law practices and barristers’ chambers, meaning they will tailor the right team and expertise to your particular circumstances.
We start with a no-charge exploratory meeting to discuss your case: We will only accept instructions if we can add value to you.

Arbitration

What is arbitration?

Benefits of arbitration:

Frequently Asked Questions

Why Choose Us?

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