Family Arbitration

Family arbitration is a form of private dispute resolution in which the parties enter into an agreement under which they appoint a suitably qualified person (an “arbitrator”) to adjudicate a dispute and make an award.

Family arbitration can be used to resolve financial disputes and disputes concerning children.

The Arbitrator considers the evidence and each party’s case. The Arbitrator makes a decision as to what should happen. This is called an ’Award’ in a financial case and a ‘Determination’ in a case about children.

Arbitration is often used for specific issues within a matter and sit inside or outside court process. Arbitration is therefore used on a bespoke basis rather than to decide the entire case so in essence should be viewed ”as a “bolt on” service. Costs in Arbitration should therefore be considered as part of the whole process. We can discuss the proportionality of this option should the need arise.

Other Responsibilities to Consider

Children

Parental Responsibility

Financial Settlement

Mediation

Collaborative Law

When a relationship breaks down and there are children involved, parents are not always able to reach agreement about issues such as who the children will live with and how much time they should spend with the other parent.

Children

‘Parental Responsibility’ is a legal concept commonly referred to when a disagreement over the arrangements for children has arisen. Parental Responsibility is ‘the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and his/her property’.

Parental Responsibility

Reaching a financial settlement is often the most difficult issue to resolve when a marriage breaks down. The settlement reached can determine your long term financial position.

Financial Settlement

Family mediation is a process where a Mediator supports and helps you and family members to communicate more effectively and to find consensual resolution during times of dispute.

Mediation

Collaborative Law is a form of alternative dispute resolution for family issues such as divorce, finances and children arrangements. A settlement is reached in a non-confrontational way and without court involvement.

Collaborative Law

Frequently Asked Questions

What is Family Arbitration?

Family arbitration can be used to resolve financial disputes and disputes concerning children.

The Arbitrator considers the evidence and each party’s case. The Arbitrator makes a decision as to what should happen. This is called an ‘Award’ in a financial case and a ‘Determination’ in a case about children.

Arbitration is often used for specific issues within a matter and sit inside or outside court process. Arbitration is therefore used on a bespoke basis rather than to decide the entire case so in essence should be viewed as a “bolt on” service. Costs in Arbitration should therefore be considered as part of the whole process. We can discuss the proportionality of this option should the need arise.

How is the evidence and our cases put to the Arbitrator?

You and your solicitor and your spouse/partner and their solicitor decide how the case will work. You might agree to put the evidence and your position to the Arbitrator in writing or you might agree that you will all appear in front of the Arbitrator.

Will the decision be turned into a court order?

In financial cases the decision will almost always be turned into a court order. You can if you agree turn a child decision into a court order.

What if I don’t like the decision?

The essence of arbitration is that the parties agree in advance to be bound by the Arbitrator’s decision. The court will uphold the decision of the Arbitrator.

Will the process and decision be confidential?

Yes, they will. However, the process and decision may come to the court’s attention if either party tries to renege on it.

Will it be quicker than going to court?

There are long delays in the court system currently. The Arbitration process will almost always be quicker.

Will it be cheaper than going to court?

It should be but this is not guaranteed.

The court process can cost between £5000 – £50,000+ depending on the issues and complexity of the case. Arbitration is often used for specific issues within a matter and sit inside or outside court process. Arbitration is therefore used on a bespoke basis rather than to decide the entire case so in essence should be viewed as a “bolt on” service. Costs in Arbitration should therefore be considered as part of the whole process. We can discuss the proportionality of this option should the need arise.

Family Team

Matthew Clemence
Head of Family Department - Partner Solicitor
About Matthew Clemence. Matthew is the head of our Family Law Department. Matthew qualified as a solicitor in 2001 following...
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Elaine Webb
Partner Solicitor
About Elaine Webb. After completing a Law Degree, Elaine worked as a Housing Advisor in the voluntary sector in London...
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Amanda Erskine
Associate Solicitor
About Amanda Erskine. Amanda is an Associate Solicitor in the Family Department. Amanda qualified as a family solicitor in 2012...
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Nicola Furmston
Senior Solicitor
About Nicola Furmston. Nicola qualified as a solicitor in 1992, initially practicing in civil litigation and family law. She worked...
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Rosie Brighty
Trainee Solicitor - Employment & Family Team
About Rosie Brighty. Rosie studied Law at the University of East Anglia and graduated in 2022 with a 2.1. Rosie...
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Hannah Gordon
Associate Solicitor
About Hannah Gordon. Hannah is an Associate Solicitor in the Family Department. Hannah graduated from the University of East Anglia...
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