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Divorce lawyers & divorce solicitors

Family arbitration can be a flexible, cost-effective way to resolve family matters

Our child and family law experts will help you reach a resolution with your ex-partner without needing to attend court

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Divorce lawyers & divorce solicitors

Family arbitration can be a flexible, cost-effective way to resolve family matters

Our child and family law experts will help you reach a resolution with your ex-partner without needing to attend court

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

What is family arbitration?

In family arbitration, you and your ex-partner appoint an arbitrator. This person will make a final and binding decision between you on any financial and property disputes or, in some situations, child-related issues. It’s a good idea to take independent legal advice as part of this process, and this is something we’re experienced at and can help you with.

Family arbitration enables couples going through a break-up to resolve disputes more quickly, in confidence and in a more flexible and less formal setting than a courtroom.

The same arbitrator will deal with all stages of the case from start to finish and you and your ex-partner will decide how the proceedings are run. This could include, for example

  • choosing the venue
  • whether you meet face to face or through writing only
  • whether to use the arbitrator for the whole process or just the parts you are stuck on

The flexibility and the fact that you will get a final decision much more quickly can make arbitration more cost effective than court.

There are situations not best suited to arbitration, for example if you need to get evidence from third parties or there is a risk that your partner might try to hide assets. However, appointing an arbitrator is a genuine alternative to going to court for most family cases. Our team can support and guide you each step of the way.

Call 01572 490 660

or request a discovery call

Frequently Asked Questions

What are the benefits of family arbitration?

Family arbitration has various benefits as a way of settling family matters outside of court. Here are some of the key advantages of arbitration:

Speed of process

Significant backlogs are now being experienced in family courts, with stretched resources needing to deal with a rise in demand. If resolving your issues quickly is a priority, then family arbitration can be a good choice. In straight forward disputes, you can reach a resolution within 4-8 weeks of an arbitrator’s appointment.

More flexibility and control

Arguably the biggest advantages gained from family arbitration are the flexibility and control it gives the parties involved. As mentioned, you and your ex-partner get to choose where the arbitration is held and how to use the arbitrator. You can decide whether the process is to be run ‘on paper’, in person, remotely or a hybrid scheme involving a mixture of these. You get to decide how formal the process is.

Overall, the control people enjoy from choosing family arbitration can make it a lot less stressful than court proceedings. Typically, we see improved outcomes and faster timescales with this method of resolution.

Collaboration

By its very nature, arbitration is collaborative. As well as the pace at which the resolution is reached, working together in collaboration typically reduces conflict. The onus is on resolving the issues rather individuals trying to get the best outcome for themselves. This is particularly helpful when a case involves children.

Privacy

Family arbitration is essentially a confidential process. The media or public are not entitled to attend hearings, which are at venues chosen by the parties involved and not advertised.

Bespoke

Arbitration is tailored to your particular issues, and you can choose your arbitrator. This enables you to select someone with the specialist knowledge and level of expertise suitable for the particular issues in their case.

Your arbitrator would be privately engaged by you and this has several advantages:

Your arbitrator will be consistent, dealing with the dispute from start to finish
Your arbitrator will have knowledge of the history and development of the issues and arguments
The arbitrator can deal with any applications or issues promptly, as they arise
They will have set aside time to appropriately prepare for the arbitration, and give appropriate consideration and a detailed judgment after the hearing

Cost

Arbitration is usually a less expensive alternative to court proceedings. Being able to streamline the procedure, and limit disclosure, will usually lead to significant cost savings.

Your arbitrator’s fees will be fixed at the outset and shared between you and your ex-partner. Furthermore, there is no risk that the hearing will be removed at short notice and re-listed, leading to an additional brief fee, as is becoming increasingly common within the Family Court.

Finality


At the end of an arbitration process, you will receive a decision that resolves your dispute. The arbitration will be respected by the family court and it can be made an Order of the Court on request.

Is a resolution in my best interest?

Family arbitration is one of a number of ways to resolve family matters outside of court, which is an approach we encourage in most cases.

Together with around 6,500 other family lawyers and professionals, we are members of an organisation called Resolution. Resolution members are committed to resolving family disputes in a constructive way and we follow a Code of Practice that promotes a non-confrontational approach to family problems. Resolution encourages solutions that consider the needs of the whole family and are particularly focused on the best interests of the children involved.

Today, more than four out of five divorce cases will not end up in court. Indeed, the family law courts actively encourage people to resolve issues in non-confrontational ways, such as family arbitration. The many benefits of doing so include

- reduces time and cost

- avoids the stress of going to court

- helps to avoid rifts developing between the parties

- benefits future communication and relationships

- have a much higher success rate

At Belderbos Solicitors, our highly experienced and qualified team are specialists in helping you to avoid court and complete a divorce or separation without the cost, stress and conflict. This is why we would be very happy to talk to you about supporting you through family arbitration.

When you would use family arbitration?

In the UK family arbitration can be a valuable tool for resolving a variety of family law issues outside of court. Here are some of the matters commonly addressed through family arbitration:

Financial issues

Division of assets - family arbitration can be used to determine a fair division of marital assets, such as property, pensions, savings and investments during divorce or separation.

Financial provision for children - arbitrators can help to determine the right level of financial support for children after separation, potentially including issues like school fees or extra-curricular activities.

Child-related matters

Child arrangements - arbitration can be used to explore potential solutions for child arrangements and reach agreements outside of court. This can be a quicker and less confrontational approach than court proceedings, enabling you to agree living arrangements and the time each parent will spend their child.

Specific issues - arbitration can be used to address specific concerns related to children, such as consent for overseas travel and decisions about a child's schooling.

How does arbitration fit in with mediation?

Family arbitration can resemble family court proceedings. Similarly to a judge in a court case, an arbitrator will give a decision after hearing evidence from all parties involved and the arguments supporting their respective cases. Arbitration and mediation can, however, complement each other.

Your arbitrator may consider that mediation could be advantageous to you and your ex-partner and would suggest you try it. Mediators can also make a recommendation of arbitration if mediation breaks down. It is possible for a mediator to refer a specific part of a dispute to arbitration to resolve a particularly difficult issue.

What are the costs involved in family arbitration?

Family arbitrator’s fees - you, your ex-partner and the family arbitrator will agree the level of the arbitrator’s fees at the start of the process. These fees are usually based on an hourly or daily rate, but may also be arranged on a fixed-fee basis, and will usually be shared between you and your ex-partner


Venue hire - there may be costs involved in hiring a venue for any meetings scheduled as part of the process. These costs will normally be shared. 


Independent legal advice fees - we recommend that you and your ex-partner appoint a lawyer to help you through the process. You will both pay your own legal fees. 


Experts’ fees - you and your ex-partner might require experts as part of the process. Again, these costs will normally be shared.

 

In Conclusion

In emotionally-charged situations, such as divorce and separation, the family court may be your first consideration. This is understandable, and particularly the case when children are involved. Court proceedings, however, can be stressful, costly, drawn-out and confrontational.
Family arbitration offers another way. With the help of our expert team, you can use an out-of-court solution that saves time, money and emotional strain. Arbitration can be an opportunity to resolve family matters amicably and in the long-term interests of your family.

Belderbos Solicitors is highly experienced at working with clients to achieve positive outcomes from family arbitration, so please pick up the phone and talk to us today if you are seeking a resolution to a family issue outside of court.