Family Arbitration

Many separating couples are unable to reach an agreement on their financial or children arrangements. You many recognise that a decision is needed and want to avoid going to court. Family arbitration is increasingly popular as it helps you to bring your dispute to an end and gives you control over the process. 

Under arbitration, you agree to appoint a suitably qualified person to adjudicate your dispute and accept the arbitrator’s decision (the “award”) is final, then applying to court for an order to give effect to this decision.

While you are free to agree the form of procedure, the arbitrator has a wide discretion and extensive powers. The arbitrator will decide on issues you can’t agree on – such as evidence, disclosure, written submissions, and the final hearing - and can also make interim awards, such as for interim maintenance, and appoint experts where necessary.

Advantages

Choice

You both choose your arbitrator. It’s helpful to know your dispute will be resolved by a specialist who you will deal with throughout the process. In the Family Court, you can’t choose your judge and you rarely get the benefit of judicial continuity.

Confidentiality 

Family arbitration is completely confidential. Most separating couples don’t want the worry of their case attracting unwanted media attention. If a case is heard in the Family Court, the judge may order it to be heard in open court with no reporting restrictions.  

Speed 

Family arbitration is almost always quicker. Subject to the availability of the arbitrator and the parties - it can take place at anytime and anywhere. There’s the prospect of significant delay in the court system. 

Value

You can streamline issues that require determination, saving time and costs. Most hearings are concluded more quickly than in the court system, often within a day.