Arbitration in family law – could this help us?

When trying to resolve matters relating to matrimonial finances, or deciding on certain child arrangements after a relationship breakdown, one alternative to court, for a privately funded family law case is arbitration.

‘Arbitration involves the appointment of an independent arbitrator who will be presented with the facts of the case from each side. After evaluating all the information, they make a decision which is akin to having a court judgment without the protracted process of litigation,’ explains, Samantha Sinclair, Head of Family with Ware & Kay incorporating Peasons & Ward Solicitors. ‘Arbitration can remove delay and bring swift closure, as long as you are willing to accept the arbitrator’s decision as it is difficult to challenge.’

Below, Samantha explores some of the things to consider when deciding to opt for arbitration.

The benefits of arbitration

Unlike a court case, you have control over certain factors, such as the timing and the location for the arbitration hearing. This often means it is a speedier and more cost-effective process.

An arbitration might take a few months to conclude, as opposed to the court system where a case can span years.

At what stage of my case should I consider arbitration?

It is a good idea to take legal advice at the outset on all of the options open to you and your specific circumstances.

You can use the arbitration process as an alternative to the court system. Alternatively, if court proceedings are ongoing, the court can refer the case to arbitration and there can be a degree of integration with the proceedings.

Is participation mandatory?

No, arbitration is a voluntary path endorsed by family law professionals and the judiciary. The parties are required to appoint their arbitrator (effectively the judge), who will likely be an experienced practising family lawyer.

The process enables you to have a greater degree of control over the timetable of the case.

Is an arbitration decision legally binding?

After considering evidence from the parties, the arbitrator will come to a decision which is called:

• an ‘award’ in a financial dispute; or
• a ‘determination’ in a dispute about children.

The arbitrator’s decision is final and legally binding. It will be put in writing, normally with reasons given, and you will have the chance to discuss it with your solicitor.

The decision is sent to the court to convert into a court order, to conclude the process.

The courts will uphold these decisions if they are challenged. So, whilst you sign up to a voluntary procedure, before you embark on the journey, it is important to remember that you are more than likely to be held to the decision made.

How we can help

If you are interested in finding out more about arbitration and how it could work for you, please contact Samantha Sinclair in the family law team on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email samantha.sinclair@warekay.co.uk