Family Arbitration
Family arbitration offers a faster, private and cost-effective alternative to court proceedings. Our experienced family arbitration solicitors guide you through every step, ensuring clarity, confidence, and peace of mind.
Arbitration: A smarter alternative to court for resolving your family dispute
When a family dispute arises, going to court isn’t always the only option — and often, it’s not the best one. Arbitration provides a practical, private, and efficient alternative to traditional litigation. It’s designed to help you resolve disagreements without the stress, delays, and uncertainty that can come with court proceedings.
If you’re considering arbitration, speaking to one of our specialist family arbitration solicitor can help you understand whether this process is right for you.
What is arbitration?
Arbitration offers an alternative to court proceedings. It is different to other forms of non-court dispute resolution, in that an Arbitrator will make a final decision about your dispute and that determination (known as an Award) is legally binding.
Typically, arbitration is considered after you have tried to resolve your dispute using other forms of non-court dispute resolution where negotiations are actively encouraged, such as mediation, collaborative law or a private financial dispute resolution hearing. Wherever possible, it is generally preferable to negotiate a compromise to your dispute as this gives you more control over the outcome to your case. If negotiations are unsuccessful however, Arbitration provides a helpful mechanism to resolve your dispute without going to court.
It is a voluntary process, and all involved must give their consent to attend. Arbitration is confidential, flexible and can often be quicker and more cost-effective than traditional litigation.
Working with experienced family arbitration solicitors ensures you receive tailored advice and guidance throughout this process. We offer a no-obligation initial consultation to understand your needs and assemble the best legal team for your case. You’ll find us approachable and supportive throughout the process.
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Start with an initial no-obligation consultation and let us guide you through your options.
Why choose our family team?
If you’re considering whether arbitration is right for you, our specialist family law solicitors are here to guide you. As experienced family arbitration solicitors, we’ll help you through every step of the process, offering clear advice and compassionate support. Our aim is to help you feel informed, in control, and reassured about what to expect so you can move forward with confidence and peace of mind.
Expert guidance
Our family arbitration solicitors provide tailored advice from specialists who understand the complexities of family law.
Personalised solutions
We offer a bespoke service designed around your family’s unique needs and circumstances.
Clear communication
You’ll receive transparent fees and straightforward updates, so you always know where you stand.
Supportive approach
From start to finish, we provide compassionate support and practical solutions that prioritise your family’s best interests.
How family arbitration works
You and the other individual must agree that arbitration is the appropriate way to manage your dispute. Where that agreement exists, you will enter into a formal agreement to arbitrate. The purpose of the agreement is to bind both individuals and their lawyers to the process, including that you will accept the Award as being final.
With the help of your solicitor, you will appoint an Arbitrator to adjudicate on your dispute. One of the benefits of arbitration is that you can choose the identity of the Arbitrator, ensuring that they have the necessary experience and expertise in the specific area of your dispute. The Arbitrator is typically a lawyer who has practiced in family law for many years.
Your family arbitration solicitor will guide you through selecting the right arbitrator for your case.
You will agree where and when the arbitration hearing takes place, providing flexibility and control over the timescale of your matter compared to the rigid timetable within traditional litigation.
You must pay the arbitrator a fee for their time. However, this brings reassurance that the arbitrator has read the papers thoroughly, is familiar with the nuances of your case and is well prepared to make a reasoned decision about your dispute. Due to significant pressures on the public court system, this does not always happen in court proceedings. As a result, parties can feel as though they have handed over a life-changing decision to a Judge who isn’t familiar with their case – arbitration offers a way for you to avoid this.
The arbitrator has a duty to act in an independent and impartial way. At the arbitration hearing, each person’s legal team will present their case to the arbitrator, who will then make a formal written decision (known as an award) which determines the outcome to your dispute. The award is final and legally binding.
You may resolve your dispute with just one arbitration hearing, or you may need to attend several before a final decision can be made. If necessary, the arbitrator will give directions about how your case should be managed and what work must be done in between arbitration hearings to progress your case.
After the award is given, your lawyers may need to convert the decision into a court order which can be relied on for enforcement purposes.
What are the benefits?
Arbitration offers many benefits which can make the process of resolving your dispute an easier and more positive experience for you and your family:
- More control: You decide the identity of the arbitrator, giving you confidence that they have the right expertise and experience to understand your case and resolve your dispute
- Flexibility: You decide how, where and when you arbitrate. This can work well around your existing work and family commitments
- Efficiency: It can be quicker and more cost-effective to arbitrate, compared to traditional litigation
- Confidentiality: Some cases which are court proceedings can be reported to the public and may attract media attention. In contrast, arbitration is confidential – the nature of your dispute and the outcome cannot be reported. Sensitive family matters remain strictly private and this may alleviate stress
Our family arbitration solicitors can help you achieve these benefits by guiding you through every stage of the process.
Family arbitration FAQs
Arbitration can be used to resolve disputes of all kinds, including:
- Financial matters associated with divorce or the dissolution of a civil partnership
- Financial claims made in England and Wales after a divorce has been granted abroad
- Claims for financial provision for children between unmarried parents
- Disputes about ownership of a property between cohabiting couples
- Disputes relating to child arrangements
- Disputes relating to the renegotiation of a pre-nuptial agreement or post-nuptial agreement
A family arbitration solicitor can advise you on whether your specific case is suitable for arbitration and guide you through the process.
Absolutely. Arbitration can complement family mediation and collaborative law by providing a legally binding decision on specific issues that may be preventing the progress of negotiations, helping both individuals move forward without resorting to court. Experienced family arbitration solicitors can help you integrate arbitration with other forms of dispute resolution to achieve the best outcome.
Timescales will vary depending on the nature and complexity of your dispute. You may resolve your dispute with just one arbitration, or you may need to attend several arbitrations before a final decision can be made. The arbitrator will give directions about how your case should be managed and what work must be done in between arbitration hearings.
Your family arbitration solicitor will keep you informed about expected timescales and ensure the process runs as smoothly as possible.
Arbitration can be a more cost-effective option than court proceedings. The overall cost will depend on the nature and complexity of your dispute. At Freeths, we provide transparent information and clear communication in relation to the costs of your specific matter, at the outset of your case and throughout.
Our family arbitration solicitors will provide clear advice on costs and help you plan for each stage of the process.
Our team of specialist family solicitors can recommend a list of arbitrators who may be suitable for your case.
Your family arbitration solicitor will guide you in selecting the right arbitrator for your circumstances and ensure they have the necessary expertise.
Alternatively, you can visit the Institute of Family Law Arbitrators website and search tool to find a list of qualified arbitrators across the country.
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