It has been reported that Paul Hollywood and his wife have agreed that their divorce case should be resolved using arbitration rather than the traditional court route.
The pair were married in 1998 but split in 2017, reportedly on the basis of adultery.
It is no surprise that the Hollywoods have opted to enter arbitration rather than have their case heard through the courts. There has been significant media coverage of the breakup and subsequent divorce proceedings which, one assumes, is unwelcome by either party.
Paul Hollywood is not the only high profile figure currently using family arbitration to resolve their divorce. It has been reported recently that Ant McPartlin and his wife Lisa Armstrong are also engaged in the process. However, due to the private nature of arbitration, most of the cases which this alternative dispute resolution method are not reported in the press.
What is arbitration?
Arbitration is a form of dispute resolution. Often it will closely follow the court process but importantly:
a. Arbitration takes places at a private building (such as a solicitor’s office or counsel’s chambers) rather than the court;
b. The judge (referred to as the arbitrator), who is usually a senior barrister or a retired judge, is chosen by the parties and are paid for their services; and
c. As the proceedings are completely private, the press are unable attend.
The Hollywoods were reportedly due to attend a 5-day final hearing in July 2020 and, whilst there would likely be reporting restrictions on the proceedings, the press would be permitted to attend and at least some information about the case would likely have been reported on. It is likely this which was the deciding factor in the Hollywoods opting to resolve their divorce proceedings through arbitration rather than the courts. However, speed could also have been a factor. Due to not being at the mercy of the court listings, arbitration can conclude months before traditional court cases, which in turn can reduce parties’ costs.
Arbitration is increasingly being used by high profile figures to ensure total privacy regarding their divorce and finances. It can be used in conjunction with a private FDR to keep cases completely out of the court system. Instances of arbitration being used by the public more generally is only likely to increase further with awareness being raised by celebrities and other high profile figures reportedly opting to use the process.