We make family arbitration a clear, structured alternative to court
Family arbitration is a form of private dispute resolution in which you and your ex-partner appoint a fair and impartial family arbitrator to resolve your dispute. The process in the UK sits outside the traditional court system and is governed by the principles of the Arbitration Act 1996.
It offers separating couples a faster, more flexible alternative to the family court. Both of you enter into an agreement under which you appoint a suitably qualified person (an arbitrator) to adjudicate a dispute concerning finances or children.
An IFLA-trained arbitrator can decide a range of family, financial and property disputes, as well as other disputes that would normally be dealt with by judges. The arbitrator’s decision is called an Award (finances) or a Determination (children). Linda Lamb is a qualified children arbitrator with us here at LSL Family Law.
Arbitration provides clarity, privacy and a binding outcome, making it an effective way to resolve cases without the delays and pressures of court proceedings. The principal benefits of the family arbitration process are:
Speed: the timetable is up to the parties to agree. And arbitration is likely to take significantly less time than court proceedings.
Confidentiality: the entire process is protected by strict confidentiality.
Costs: it can be a lot less expensive than going to court. Both parties pay the arbitrator’s fees, the costs of a venue and the cost of a transcription.
Flexibility: both parties and the arbitrator have discretion over the procedure they adopt.
Choice of arbitrator: in court you can’t choose the judge; in arbitration you get to choose the arbitrator.
Family arbitration and family mediation can complement each other. The mediator can recommend the use of arbitration, particularly if there is a discrete issue that cannot be resolved in mediation. Arbitration, unlike court, can deal with a single issue.
The decision of the arbitrator is the equivalent of a final judgement and is binding on the parties
Family Arbitration: A Case Study
Problem
After ten years of marriage, the couple wanted a divorce. During that time the wife (my client) had supported the husband in his high-earning occupation. As a result she was unable to establish a career of her own. There were no children. My client wanted to be as independent as possible but her future income was going to be limited.
Solution
They opted for a collaborative process where the couple agreed the sale of the family home, the pension sharing and the future maintenance for my client. The only issue was the arrears of maintenance to which the husband could not agree. To help them find a way beyond this impasse, I suggested they appoint an arbitrator to decide on whether the maintenance should be paid.
Outcome
The arbitrator decided that the arrears of maintenance should be paid. Both parties accepted the decision. Opting for arbitration was an innovative approach which both parties agreed they wanted to try.
More LSL Family Law Services
Contact Us
If you are in need of family law support, contact us today to arrange an initial telephone or online chat, in complete confidence, with one of our family law solicitors.
We’re here to relieve your anxiety and find the right solution to the problem you’re facing.
We can help you wherever you are based in the UK with our online services. Our family law solicitors are working from offices in Tunbridge Wells in Kent and Eastbourne in East Sussex.
We also have meeting rooms in Brighton and London.