How Does Arbitration Work in a Divorce?

Arbitration is a method of private dispute resolution that allows couples going through separation and family breakdown to resolve disputes outside of court. Both parties agree to appoint an arbitrator – an experienced legal professional – to make a binding decision on their case. Family arbitration can provide a more flexible, private and quicker process to family law issues.

Arbitration is a form of Alternative Dispute Resolution (ADR) where an independent arbitrator is chosen to settle disputes, including financial settlements and child arrangements. The arbitrator’s decision is legally binding, and it offers a confidential and flexible way to resolve family issues.

Arbitration can be quicker by avoiding the backlog of court cases; it is more flexible as you can schedule hearings at times that suit you; and it is a private process.

The benefits of arbitration over traditional court proceedings can include:

• Control: you can choose the arbitrator, the location of meetings, and can tailor the agreed method of dispute resolution
• Expertise: you will be working with an arbitrator who has extensive experience of family law
• Cost-effectiveness: arbitration can often be more cost-effective than traditional court proceedings
• Speed: arbitration is often faster than court proceedings
• Confidentiality: arbitration is private process, unlike court cases which are part of the public record
• Flexibility: arbitration can be a much more flexible option
• Impartiality: the arbitrator you will be working with is independent and neutral
• Finality: the arbitrator makes a legally binding decision to resolve the dispute

For couples going through separation and family breakdown, arbitration can provide a useful way forward. It is certainly worth considering if you would like to avoid court proceedings. The process can be used to resolve financial and child-related issues.

An arbitrator is appointed who will be experienced in family law. Both parties must agree on who is appointed as the arbitrator. It is also possible for an arbitration body such as the Institute of Family Law Arbitrators (IFLA) to appoint an arbitrator for you.

The process will be agreed in advance and an arbitration agreement is signed. This agreement will set out the terms of the arbitration and the issues to be decided. The arbitrator will then guide both the parties through the process.

Arbitration can be completed in a matter of weeks or a few months, depending on the complexity of the issues and the availability of the arbitrator. Arbitration can provide a much quicker approach than traditional court cases.

One of the main advantages of arbitration is the privacy it provides. Arbitration is conducted in private and the arbitrator’s decision, along with any discussions, evidence, or documents presented during the process, remains confidential.

Arbitration can be an effective way to reach a divorce settlement. Arbitration is less adversarial than court proceedings, helping to reduce conflict. The process is structured and the expert decision from the arbitrator will be made based on the evidence.

Mediation and arbitration are both forms of alternative dispute resolution. However, they are different in their approach. Mediation involves a neutral mediator who helps the parties negotiate and reach their own agreement. The mediator facilitates the process but does not make the final decision. With arbitration, the arbitrator makes a legally binding decision after hearing both sides of the dispute.

In most cases, the decision of the arbitrator is final and binding, meaning it cannot be appealed. There are very limited circumstances where an arbitration decision can be challenged, including if there has been a legal error or misconduct during the process.

As outlined above, arbitration offers many benefits. However, there are situations where court proceedings may be more appropriate. For instance, if the relationship between the parties is extremely acrimonious or if there are urgent child protection issues.

Family arbitration can provide a more flexible, private and quicker process to family law issues. However, it is crucial to seek legal advice to determine whether arbitration is the right option for your specific situation.

Ready to take the next step? As leading family lawyers in Milton Keynes, our team of family law specialists are here to advise you. In addition to our head office in Milton Keynes, we also have solicitors in Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.