Family Arbitration

Alternative Dispute Resolution

In recent years a variety of alternative methods for solving disputes have been adopted and gathered significant momentum due to their success. ADR aims to keep disputes out of court process, which has numerous benefits both to the parties, and to the courts who are subject to an increasing number of cases. The benefit to the parties of alternative dispute resolution is that they have greater control and flexibility. They are not subject to the court’s availability or more limited powers. This often means that they can progress and conclude their dispute quicker, for less cost and in a less combative or stressful environment.

What is Family Arbitration?

Since arbitration was formally introduced into family law it has steadily grown in popularity. Family arbitration still requires hearings and evidence, but is not restricted by the same rules of court, and therefore provides more flexibility.

The Arbitrator, as judge, is agreed by the parties.  This is an additional cost but legal fees are saved by bringing the matter to a swift conclusion as the hearings are only subject to the parties’ and lawyers’ availability, rather than the court lists. The hearings take place at a neutral venue, such as conference suites or chambers, which many parties prefer to attending court. The benefits to the parties of family arbitration are flexibility, privacy, speed of resolution and the ability to identify and choose their own arbitrator.

Arbitration can be used in conduction with a private FDR as an alternative to the court process.

The arbitrator’s decision is binding on each of the parties, but is still subject to appeal.

If you would like to discuss family arbitration in more detail with our family lawyers or if we can assist you with general legal advice, please call us on 020 3405 0060 or send us a message to arrange your free initial consultation.