Family arbitration is a form of dispute resolution that can be used in divorce cases to solve matters such as children’s issues as well as many financial matters. It has significant advantages over going to court and, in most cases, it allows for a greater degree of flexibility while remaining private. Family law Arbitration became possible in 2012 when the Institute of Family Law Arbitrators launched the original Family Law Arbitration Scheme.
Our team of family solicitors in London can assist you if you wish to move forward with this method of solving Family Law disputes in England.
Table of Contents
What is arbitration?
Family law arbitration is an alternative method of dispute resolution based on the decision of an arbitrator, which is binding. It is a direct alternative to going to Court and the parties are free to choose the arbitration wish whom they will work.
The process is based on several hearings and the parties can present their arguments. It is not the same as mediation because the arbitration has the authority to issue a decision in the dispute, as opposed to the mediator whose role is simply to aid the parties in reaching an agreement.
Once a decision is made, an order is drafted that clearly stipulates the said decision. It is then presented to the Court and it becomes enforceable.
What are the advantages of Family Law Arbitration?
There are multiple advantages to arbitration, as opposed to taking the case to court. Our team of family solicitors in London lists some of the most important below:
- Efficiency: in most situations, arbitration is a process that allows the parties to obtain a decision in a much faster manner compared to the alternative;
- Flexibility: the parties have the change to work with the arbitrator in a less formal setting, compared to having to go to Court;
- Choice: the former spouses can choose the arbitrator – who is an independent expert; our divorce solicitors in London can help you;
- Confidentiality: because the process is a private one, the parties can rest assured that there will be no public hearings or public information concerning their case.
The costs associated with family law arbitration can also be an important advantage when choosing this process over going to Court in divorce matters. Although the costs vary, according to the arbitrator’s fees, in general, they will be less compared to the alternative because the process allows for a quicker resolve. Our team can help you work with an arbitrator who is member of the Chartered Institute of Arbitrators in London.
We can also provide needed information on the Family Law Arbitration Scheme and its resided rules. The Scheme is based on already established arbitration procedures.
How can our family law solicitors in London help you?
Our team is able to provide you with all of the details regarding the arbitration process and will evaluate your case in order to determine if this alternative dispute resolution method is the one most suitable in your case.
The court process is one that can seem daunting to many former spouses and it can be increasingly so when the parties have not separated on good terms and there are numerous sources of conflict regarding the treatment of children post-separation as well as the division of assets.
Guided by a divorce lawyer in London from our team, you will be able to select the arbitrator who will work on your case. When or if you are unable to reach an agreement, the decision can be made by the Institute of Family Law Arbitrators. We can provide you with complete information on how to find an arbitrator as well as how to start the entire process.
Family law arbitration can be used in financial disputes as well as children disputes. The latter can cover a number of areas with varying complexity such as the parent with whom the child will live as well as how much time he or she will be spending with the other parent. The Family Law Arbitration Scheme is not applicable in cases involving the international relocation of children as well as in child protection proceedings.
According to the Office for National Statistics, there were 90,871 heterosexual couples divorces in 2018. The most recent data (the 2018 figures) also show that:
- the number of divorces has actually decreased by 10.6% compared to 2017;
- the divorce rate among heterosexual couples fell to 7.5 divorces per 1,000 married men and women;
- the average marriage duration for these couples was 12.5 years.
For those couples who are interested in divorce, arbitration can offer a faster, more flexible manner of sorting financial and children issues.
If you have questions about family law arbitration or need more information on divorce and separation proceedings in England, please contact our family law solicitors in London.