When can arbitration help divorcing couples?

Arbitration is a flexible, private and cost-effective way to reach a settlement during divorce proceedings. If couples cannot agree on financial or children matters, it is an alternative method for reaching an agreement without having to endure the lengthy delays and expense of resolving the issues in court.

What is arbitration?

To settle a dispute using arbitration the couple appoint an arbitrator, who is suitably qualified to conduct proceedings in the same way a judge would in a family courtroom. Arbitrators are usually experienced family lawyers or retired judges. The arbitrator will consider all the evidence and make a ruling which is legally binding, and couples should be aware that there is little room for an appeal.

The advantages of arbitration

• A couple can control the date, time and choice of arbitrator for the proceedings, unlike in court proceedings.
• The couple decide what issues the arbitrator can rule on and what evidence is required. For example, this means if there is general agreement on most issues aside from where the children go to school, the arbitrator can be limited to ruling on this issue alone.
• Arbitration can proceed far more quickly than court proceedings.
• The process is private and confidential, which can be beneficial to high profile and high net worth individuals.
• Arbitration is significantly cheaper than going to court as the issues involved are limited and delays can be reduced.
• The arbitrator can solely focus on the case in question, without worrying about other cases.
• The process is less formal and intimidating than going to court.

The disadvantages of arbitration

• The arbitrator cannot order disclosure of evidence and if there are concerns that one party is hiding assets court proceedings may be necessary, where orders for disclosure carry the threat of contempt of court.
• There are limited grounds for appeal if either party does not agree that the ruling is fair.
• If there is deep hostility between the parties and an unwillingness to co-operate, then court proceedings may be a better option.

As all cases involve a different set of circumstances, we would advise seeking the early advice of an experienced family lawyer. At Tisshaws, our conference room can be configured as a courtroom, and we have experience of organising and hosting arbitration hearings.

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £100 (incl. 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 [email protected] or complete the form below.