What is Arbitration?

Written by Charlotte DeCecco

Arbitration is the only form of non-court dispute resolution (NCDR), that involves a third party making a binding decision, rather than the couple negotiating an outcome between themselves.

If you have been unable to reach an agreement, or there are complex legal issues which need to be determined, this can be a good way of moving matters forward without a lengthy wait for a court date.

Why choose arbitration?

1. Time-efficiency

One of the main advantages of arbitration is that any issues can be resolved much faster than court proceedings.

It is no secret that the Family Courts have, at times, experienced delays in listing hearings and progressing cases to a final hearing. While new initiatives are being introduced to help the courts handle the volume of cases, those wanting court proceedings often have little control over when hearings are listed. What’s more, contested court proceedings can take approximately 18 months to reach a final hearing, subject to the specific directions required.

By contrast, the arbitration process can be concluded within a matter of months, depending on the availability of the couple and the chosen arbitrator, as well as the complexity of the issues to be determined.

2. Flexibility

As couples can determine the timetable and the dates of arbitration hearings, there is added flexibility to choose dates and times that suit. This can be particularly helpful for parents of young children, those that partially live/work abroad, or those with varying shift patterns.

Couples can also choose the venue. This may be helpful for those with mobility concerns or those with limited means of travel.

Furthermore, couples get to choose the arbitrator. This means that if there are specific requirements, they can find a family or civil arbitrator with the specialist knowledge required to resolve their dispute.

3. Tailored to the needs of the couple including reduced formality

With the flexibility that arbitration offers, it can also be easier to ensure that the needs and requirements of all participants are met.

For example, if you are a neurodivergent individual, you may find hearings to be especially stressful or difficult, or a sensory overload. In this case, you may wish to take more frequent breaks, wear less formal attire, or have a different set-up to a traditional court hearing. In arbitration, couples can set parameters and agree a process that works for all involved.

4. Confidentiality

Arbitration is strictly confidential. The media or other persons are not entitled to attend arbitration hearings. Only the couple, their representatives, the arbitrator and any others agreed, will be permitted to attend.

While family law proceedings are also private, certain details may be shared with third parties as authorised by the court. The parties last names may also be seen on daily case lists in certain matters.

For high-profile individuals and those who wish for certain details to remain confidential (such as specific business information), then it may be worth speaking to your solicitor about what can and cannot be disclosed within court proceedings. In such cases, it may be best to proceed with a form of NCDR, such as arbitration, to ensure full confidentiality.

5. Finality

Arguably, the biggest benefit of arbitration is that couples receive a decision which resolves their dispute. This decision will be respected by the court, providing both parties with finality.

6. Cost-efficiency

Arbitration can be less costly than the court process, although this will depend on the specific circumstances of your case.

As arbitration is a private process, it often requires a higher upfront payment than would otherwise be required within court proceedings. However, despite the higher upfront costs, arbitration can be significantly cheaper than the cost of going to court, as arbitration hearings can be consolidated into fewer hearings meaning there are less costly delays and setbacks.

At Tisshaws Solicitors, our experienced team of solicitors frequently deal with cases involving arbitration. We do not take a ‘one size fits all’ approach and are happy to discuss various NCDR approaches, including arbitration in exploring what is best for our clients.

You can read more about the benefits of arbitration on The Institute of Family Law Arbitrators’ here https://ifla.org.uk

If you wish to discuss arbitration or the range of NCDR options available to you, we offer a no-obligation initial consultation for a fixed fee of £150.00 (incl. of VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.