Relationship breakdown can be difficult, and can involve many elements to resolve, such as property, finance and arrangements for children. It can seem very daunting, and in the event an agreement can’t be reached, the automatic assumption may be that making an application to Court is the only option.
However, there are other forms of dispute resolution available, such as mediation, or collaborative law which are better known, but a newer form of dispute resolution is on the increase, which is arbitration.
An arbitrator is an experienced family justice professional (usually a judge, senior barrister or solicitor) who hears from each of the parties and then adjudicates on the issues (similar to the way a judge would in Court) and makes a binding decision known as an award, and in so doing, applies the laws of England and Wales.
How does arbitration work?
- You can choose an arbitrator suited to the circumstances of your case
- You complete a form ARB1 and submit this to the arbitrator
- There can be a directions hearing for preliminary issues and then a final hearing
- The case can be dealt with face to face or on paper
- After hearing both sides, the arbitrator will produce an award which is sent to both sides, which will be binding upon the parties
Why is arbitration different from Court?
- Family arbitration is confidential
- You have more control over the way it is run
- It is much quicker to reach a conclusion
- It can be used for unmarried couples
What can family arbitration be used for?
- Financial claims arising from divorce
- Financial claims after an international divorce
- Claims for child maintenance between unmarried couples
- Civil partnership financial claims
- Disputes regarding parenting and contact arrangements for children cannot yet be arbitrated, but this will be introduced soon.
How much will arbitration cost?
Arbitrators charge fees, but these will vary between arbitrators. They may offer a fixed fee to cover the case as a whole or discrete issues. Also, due to the speed and flexibility of the process, the whole cost of the process is likely to be less than going to Court.
