How long does family arbitration take?

In your initial meeting with the arbitrator, you’re able to agree a timetable that suits you. This means that your dispute could be resolved within weeks.

What is the difference between arbitration and mediation?

Arbitration is very similar to court proceedings. The arbitrator makes a decision after hearing the evidence and each side's arguments. The decision – called an award in financial cases and a determination in children cases – is final and binding. By contrast, a mediator helps a couple reach their own settlement through agreement. The agreement then needs to be turned into a binding court order.

How does family arbitration work?

The first step is to complete, sign and submit an application form which confirms that everyone agrees to arbitrate the dispute. The arbitrator you have chosen (or who has been picked for you) will then ask for some background information and will likely suggest a meeting before the arbitration process actually starts so that you can all meet together and have any questions about the process answered. Assuming that everyone is happy to proceed, the arbitrator then formally accepts the case and a timetable is put in place to work towards the arbitrator making a decision.

What happens in an arbitration hearing?

Just like at a court hearing, both you and your ex will put forward the arguments that support your case. The arbitrator may be able to make a decision there and then but more likely will provide you with your decision within a few days.

What is family law arbitration?

In family law arbitration, you and your ex appoint an arbitrator. The arbitrator hears all the evidence and then makes a decision. The decision is final and binding. You can use arbitration to resolve many disputes involving money, property or children.

How do I find an arbitrator?

Arbitrators are specially trained and accredited. There are separate panels for Financial and Children arbitrations. Some arbitrators are members of both. Panel members are all members of CIArb and are listed on the IFLA website . Alternatively, you can ask IFLA to pick an arbitrator for you.

What if I don’t like the arbitrator’s decision?

If you are thinking about using arbitration to resolve a dispute, it is important to understand that the arbitrator’s decision will be binding on you and your ex. If you don’t like it, it’s not as simple as ignoring it and heading off to court to try again! Although you can challenge an arbitrator’s award, there are only very limited ways to do this.

How much does arbitration cost?

The arbitrator will charge a fee (and may charge for any expenses) but you will be able to agree that before the arbitration starts. Usually, you and your ex will each pay 50% of the arbitrator’s costs. On top of the arbitrator’s costs, there may also be costs associated with hiring a venue for any meetings or hearings, costs of legal representation if you have a solicitor or barrister representing you and the costs of any experts the arbitrator thinks are necessary to provide an opinion or report.

Separate well with family arbitration

Name: familylawvlogger - What is Arbitration in family law?
Uploaded: 2023-11-27T18:15:38.286185+00:00
Description: This vlog explains more about arbitration in family law, how it works, how you appoint an arbitrator and how it can help resolve disputes.

Family arbitration is quicker, more flexible and can be cheaper than going to court. It is often used for family law disputes involving finance or children.

Family law arbitration is a form of private judging. It enables families going through a separation to resolve disputes more quickly, confidentially and in a more flexible and less formal setting than a courtroom.

Our lawyers

Five of our highly qualified family lawyers at Mills & Reeve are also experienced arbitrators who offer a genuine alternative to court. All our family arbitrators can deal with disputes involving finances and we have two specialist arbitrators who also deal with disputes involving children. Examples of disputes they have successfully arbitrated include:

A dispute between an unmarried couple over their various properties with complicating factors around the sale of a business. We were able to agree changes to the procedures that would have applied if we had gone to court, offering a more comprehensive and effective approach to the issues and saving time and cost.
A case where time was short for a decision to be made about which school a couple's child should attend. Our arbitrator's ruling was made in time for the move of school at the beginning of the next school year, avoiding a potential switch mid-term.

Consultant Suzanne Kingston, one of the arbitrators within our family law team, is referred to as the “Queen of Arbitration". Her passion to help couples find a better way to separate saw her pioneer the use of family law arbitration in England and Wales and she continues to train arbitrators here and overseas.

What you need to know

Often, when you divorce or separate, it's difficult to agree on how to split your finances or on arrangements for your children. If this is your situation, and you and your ex cannot reach an agreement through mediation or negotiation, you can appoint an arbitrator instead of going to a judge at court.

There are some situations where arbitration may not be suitable, for example if you need to get evidence from third parties or there is a risk that your ex might try to hide assets, but arbitration can be used for many of the key issues encountered when a family separates. For many family law disputes, it is a genuine alternative to going to court.

Unlike mediation and collaborative law, which are both aimed at helping you and your ex reach an agreement yourselves, an arbitrator makes the decision for you after having heard all the evidence. It is important to remember that you are bound by the arbitrator’s decision. You cannot choose whether or not to accept it and there are legal consequences if you try to ignore it.

Arbitration has many advantages:

Flexibility – it is more flexible than court as you get to agree the timetable and how things will be dealt with in practice.
Speed – you will get a decision much more quickly than going to court.
Choice of arbitrators – you can choose your arbitrator. Family law arbitrators are experienced solicitors, barristers, legal executives and retired judges who have been specially trained. You can choose which one to appoint and take into account their experience and cost. You can’t choose your judge.
Cost savings – although you will have to pay for an arbitrator, the ability to adapt the process and get a decision much more quickly usually means arbitration reduces costs.
Continuity – the same arbitrator will deal with your dispute from start to finish.
Confidentiality – arbitration is private whereas court proceedings can involve media reporting and the judge’s decision being made public.

Frequently Asked Questions

How long does family arbitration take?

In your initial meeting with the arbitrator, you’re able to agree a timetable that suits you. This means that your dispute could be resolved within weeks.
What is the difference between arbitration and mediation?

Arbitration is very similar to court proceedings. The arbitrator makes a decision after hearing the evidence and each side's arguments. The decision – called an award in financial cases and a determination in children cases – is final and binding.

By contrast, a mediator helps a couple reach their own settlement through agreement. The agreement then needs to be turned into a binding court order.
How does family arbitration work?

The first step is to complete, sign and submit an application form which confirms that everyone agrees to arbitrate the dispute. The arbitrator you have chosen (or who has been picked for you) will then ask for some background information and will likely suggest a meeting before the arbitration process actually starts so that you can all meet together and have any questions about the process answered. Assuming that everyone is happy to proceed, the arbitrator then formally accepts the case and a timetable is put in place to work towards the arbitrator making a decision.
What happens in an arbitration hearing?

Just like at a court hearing, both you and your ex will put forward the arguments that support your case. The arbitrator may be able to make a decision there and then but more likely will provide you with your decision within a few days.
What is family law arbitration?

In family law arbitration, you and your ex appoint an arbitrator. The arbitrator hears all the evidence and then makes a decision. The decision is final and binding. You can use arbitration to resolve many disputes involving money, property or children.
How do I find an arbitrator?

Arbitrators are specially trained and accredited. There are separate panels for Financial and Children arbitrations. Some arbitrators are members of both. Panel members are all members of CIArb and are listed on the IFLA website. Alternatively, you can ask IFLA to pick an arbitrator for you.
What if I don’t like the arbitrator’s decision?

If you are thinking about using arbitration to resolve a dispute, it is important to understand that the arbitrator’s decision will be binding on you and your ex. If you don’t like it, it’s not as simple as ignoring it and heading off to court to try again! Although you can challenge an arbitrator’s award, there are only very limited ways to do this.
How much does arbitration cost?

The arbitrator will charge a fee (and may charge for any expenses) but you will be able to agree that before the arbitration starts. Usually, you and your ex will each pay 50% of the arbitrator’s costs. On top of the arbitrator’s costs, there may also be costs associated with hiring a venue for any meetings or hearings, costs of legal representation if you have a solicitor or barrister representing you and the costs of any experts the arbitrator thinks are necessary to provide an opinion or report.

Vlogs from our family lawyers

This vlog explains more about arbitration in family law, how it works, how you appoint an arbitrator and how it can help resolve disputes.

Blogs from our family lawyers

Blog: What is med-arb? And could it be for me?

Med-arb combines two forms of dispute resolution – mediation and arbitration – to maximise the benefits of both processes to reach an agreement more quickly and cost effectively. But how do you know if it's right for you? ...

Blog: Certainty in an uncertain world

In these uncertain times, it is no surprise that family arbitration —bespoke, private, quick to set up and able to be conducted remotely on a variety of digital platforms—is becoming increasingly popular as a form of alternative dispute resolution. ...

Arbitration for family disputes