Arbitration and resolving family issues

Family arbitration involves separating couples (or their respective lawyers) jointly appointing an arbitrator to determine the issues in dispute between them. The arbitrator will act fairly and impartially, allowing both sides the opportunity to express their views. It is different to other forms of non-court dispute resolution such as mediation and collaborative law in that it guarantees a final and binding outcome.

The arbitrator will then produce a written decision which will be final and binding. Family arbitration offers the finality that can usually only be achieved through Court proceedings but without the associated delays and expense. The main benefits include the following:

  • Speed – The process will be a lot quicker than going to Court as the arbitrator will be more readily available than a Judge within the over-stretched Court system
  • Continuity – The same arbitrator will deal with the dispute from start to finish and so will be aware of all of the relevant issues. It is sadly often the case that the Judge changes from hearing to hearing
  • Flexibility – The parties can choose the venue and arrange meetings on the times and dates that suit them rather than the Court diary
  • Tailored – The parties can decide with their arbitrator whether the process should be document only, conducted remotely by video or telephone or face to face
  • Confidentiality – The process is private. Only the parties and their representatives will be permitted to participate in the process
  • Cost – The arbitrator will usually charge a fixed fee. The process is therefore likely to be less costly than the Court

In addition to the above, separating couples can ask the arbitrator to decide the whole of the dispute or a single aspect of it thereby enabling a return to other forms of non-Court dispute resolution (such as mediation or collaborative) to deal with the balance of the issues. It can therefore help to facilitate a settlement by way of agreement.

Here to help

Our specialist teams can provide full service legal advice and assistance, providing practical and cost-effective solutions.

Specialist Arbitration Solicitors

Our Partner & Solicitor, Ian Butterworth, transfers his knowledge and experience sitting as a part-time District Judge to his arbitration practice. He regularly hears cases between separating couples. Recognised as an expert in complex and high-value financial cases, he is also a Resolution Accredited specialist and sits on the committee that governs the accreditation scheme.

Ian will offer an initial no obligation consultation (usually by telephone) to get an understanding of what is involved and how to best tailor the arbitration process. So far as possible, he will offer a fixed fee which will either cover the whole process or specific steps in it. This is something which will be considered and discussed as part of the initial consultation.

Get in touch with the team for more advice and guidance on Arbitration and family law.

About Ellis Jones

Our team of solicitors specialise in taking a personal approach to everything we do, always putting people first and prioritising support and understanding throughout every step in the process. Learn more about us.

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About Ellis Jones

Our team of solicitors specialise in taking a personal approach to everything we do, always putting people first and prioritising support and understanding throughout every step in the process. Learn more about us.

Learn More

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