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Family Arbitration

A carefully considered judgement

What is Family Arbitration?

Family arbitration is a form of private dispute resolution, which does not involve going to court. Both parties enter into an agreement to arbitrate and appoint an independent and impartial Arbitrator to adjudicate the dispute. The Arbitrator is a lawyer who has practiced in family law for many years and after hearing all about the case he or she makes a formal written decision (known as an Award) which determines the outcome. The Award is final and binding.

Click here to download our Family Arbitration print-out guide.

Why choose Freeths?

  • We are ranked in the top tier by both the Legal 500 and Chambers for family law advice
  • We will tailor our arbitration service to your timetable and keep your affairs fully confidential
  • You can trust us as your arbitrator to take an impartial and reasonable view of your personal situation
  • You will end up with a written decision that keeps you out of court

Call or email our family team to find out whether arbitration is right for you.

What are the benefits?

  • The parties select their own decision maker from the Family Arbitration Panel
  • Continuity will be assured – Court applications often end up being dealt with by several different Judges, the same Arbitrator will deal with the case until its conclusion
  • The autonomy of the parties and flexibility are at the centre of arbitration – the agreement to arbitrate defines whether all matters or discrete issues are to be resolved and the parties agree with the Arbitrator how the case will proceed
  • From the start to finish, the arbitration process is likely to take less time than making an application, which has to be determined by a
  • Judge in Court, and the timetable can be more easily tailored to suit the parties’ needs and other commitments
  • Confidentiality is assured. The parties will not be able to report their dispute, their discussions or the outcome
  • Informality – the arbitration process can be less formal than dealing with the matter through Court and at a venue, which is convenient to the parties

What type of cases go to arbitration?

  • Financial disputes arising on divorce
  • Financial claims made in England and Wales after a divorce abroad
  • Claims for financial provision for children between unmarried parents
  • Disputes about ownership of a property between cohabiting couples
  • Civil Partnership financial claims
  • Child Arrangement Disputes

What is the solicitor’s role?

  • To explain how the arbitration process works
  • To assist with the selection of an Arbitrator
  • To determine the issues in dispute and recommend the most appropriate procedure
  • To prepare the papers and documents needed
  • To act as the party’s representative and advocate throughout the arbitration

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(The Legal 500, 2017)

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Freeths are a leading national law firm with 13 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?

Contact: 03301 001 014

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