If you are going through a family dispute, whether it involves finances or children, you might feel overwhelmed by the thought of long court battles. The idea of sitting in a courtroom, facing strangers, and having your personal life aired publicly can be stressful and exhausting. Fortunately, there is another option called family arbitration that you may want to consider. It is a private, flexible, and often quicker way to resolve disputes with the help of a specialist who acts like a private judge.
In this article, I will explain everything you need to know about family arbitration in simple, easy-to-understand language. I’ll walk you through how it works, why it might be right for you, and what to expect along the way.
What Is Family Arbitration?
Family arbitration is a process where you and the other person involved in your dispute agree to appoint an independent professional called an arbitrator. This arbitrator listens to both sides and makes a final, binding decision on the issues you cannot agree on.
Think of the arbitrator as a private judge chosen by you both. Unlike a mediator, who helps you talk through your issues but doesn’t make decisions, an arbitrator actually decides the outcome for you. This decision is called an award, and it has the same legal effect as a court order.
You can use family arbitration to settle disputes about:
- Financial matters (such as dividing money, property, pensions, or maintenance)
- Children’s issues (such as arrangements for where children live or who looks after them)
- Or both, depending on what suits your needs.
Why Might You Consider Family Arbitration?
You might be wondering, “Why should I choose arbitration instead of going to court?” Here are some reasons why family arbitration can be a good choice:
1. Privacy and Confidentiality
One of the biggest worries many people have about court is the public nature of the proceedings. Court hearings are usually open to the public and the press, meaning your personal and family life might be discussed in public and possibly reported in newspapers or online.
With family arbitration, everything happens privately. Your discussions, evidence, and decisions remain confidential. This means your sensitive family details stay between you, the other party, and the arbitrator.
2. You Get to Choose the Arbitrator
When you go to court, you have no say in which judge hears your case. In arbitration, however, you both choose the arbitrator. You can select someone who has specialist knowledge in family law or in the particular issues you are dealing with. This choice gives you confidence that your case will be handled by someone with the right expertise.
3. Flexibility and Control Over the Process
Courts can be slow and rigid. You might have to wait months or even years for your case to be heard, and the court controls the timetable.
In family arbitration:
- You and the other party work with the arbitrator to agree how the process will run.
- You decide if you want the arbitrator to make a decision just based on the papers, or if you want a hearing where you both can speak and give evidence.
- You can hold hearings in person or online, whichever is more convenient.
- The timetable is more flexible, often allowing a faster resolution.
This flexibility can reduce stress and make you feel more in control.
4. Faster Resolutions
Because arbitration is less formal and more flexible than court, it usually moves faster. This can be very helpful if you need urgent decisions, for example about child arrangements or financial support.
5. Potential Cost Savings
While you do pay the arbitrator’s fees, the overall costs can be lower than court. This is because arbitration tends to avoid lengthy court hearings, multiple adjournments, and excessive paperwork. You also get to agree the scope of the dispute, so the process can focus on just the key issues, saving time and money.
How Does Family Arbitration Work?
Here’s what you can expect if you choose family arbitration.
Step 1: Agree to Arbitrate
You and the other person must both agree to use arbitration to settle your dispute. This agreement will usually be in writing and will cover:
- What issues you want the arbitrator to decide.
- Who the arbitrator will be. Often, you choose someone who is accredited by the Institute of Family Law Arbitrators (IFLA) or the Chartered Institute of Arbitrators (CIArb).
- How the arbitration will be run, including time limits and procedures.
Step 2: Case Management
Once the arbitrator is appointed, they will work with both of you to organise the timetable. This includes:
- Exchanging documents and information.
- Deciding if experts need to be involved (for example, valuers or accountants).
- Agreeing deadlines for submitting evidence and statements.
The arbitrator may also make interim decisions, such as ordering temporary financial support or other urgent arrangements.
Step 3: Hearing or Paper Decision
Depending on your case and what you both agree, the arbitrator will either:
- Make a decision based only on the documents and written submissions you provide (papers-only arbitration).
- Hold a hearing, similar to a court hearing, where you can give evidence and make oral arguments. The hearing can be face-to-face or conducted remotely via video call.
Step 4: The Award
After considering all the information, the arbitrator will issue a final award. This is a written decision that resolves the issues you asked them to decide.
The award is binding, meaning you and the other party must follow it. It has the same legal effect as a court order.
Step 5: Enforcing the Award
If you want to make sure the award is enforceable like a court order, you can apply to the family court for a consent order that reflects the arbitration award. This process is usually straightforward and quick.
In cases involving children, the court retains the power to review decisions if they clearly go against the child’s welfare. This is an important safeguard.
What Can Be Decided by Family Arbitration?
Family arbitration is very flexible and can cover a wide range of issues. Common topics include:
- Division of property and assets
- Spousal maintenance (financial support after separation)
- Child maintenance and support
- Arrangements for children’s living and contact
- Specific issues like schooling, relocation, or special needs
- Pension sharing and financial planning
You can choose to arbitrate all these issues in one go or just specific points that are causing disagreement.
Dual Qualified Arbitrators
Some arbitrators are qualified to decide both financial and children’s issues. This can be especially helpful if your case involves both types of matters because:
- You can deal with all your disputes in one process, rather than splitting matters between different hearings.
- It can reduce the overall stress and cost involved.
How to Choose the Right Arbitrator for You
Choosing the right arbitrator is very important. Here are some tips to help you:
- Check their qualifications: Look for someone accredited by the IFLA or CIArb and with specific experience in family law.
- Consider their experience: Find out if they have dealt with cases like yours before.
- Ask about their style: Some arbitrators prefer papers-only decisions, while others hold hearings. Choose one that fits your preferences.
- Discuss availability and fees: Make sure their schedule fits your needs and get clarity on their fees upfront.
- Get recommendations: Ask your solicitor or family lawyer for suggestions.
Benefits of Family Arbitration at a Glance
- You stay in control of who decides your case and how the process runs.
- It’s private and confidential – no public court hearings or media involvement.
- Decisions are made faster than in many family courts.
- Cost savings may be possible by focusing only on the real issues and avoiding long court battles.
- The arbitrator is an expert who will give a fully reasoned and considered decision.
- You can resolve complex matters involving both children and finances in one place.
Common Questions About Family Arbitration
Is Arbitration Suitable for Everyone?
Arbitration works well when both parties are willing to engage in a fair and reasonable process. If there is high conflict or lack of cooperation, court proceedings might sometimes be necessary.
Can I Appeal an Arbitration Decision?
Generally, arbitration decisions are final and cannot be appealed on the merits of the case. However, very limited challenges can be made on procedural grounds, such as if the arbitrator acted beyond their powers.
What If the Other Party Refuses Arbitration?
Both you and the other party must agree to arbitrate. If one party refuses, arbitration cannot proceed unless ordered by the court in exceptional circumstances.
What You Should Do Next
If you think family arbitration might be right for you:
- Speak to your family lawyer or a qualified family arbitrator for advice.
- Discuss with the other party whether they are willing to try arbitration.
- Consider the costs involved and whether you want to use arbitration for all issues or just specific points.
- Research and agree on an arbitrator with the right expertise.
Conclusion
Family arbitration offers you a private, flexible, and often quicker way to resolve difficult family disputes. By choosing your own expert arbitrator, tailoring the process to your needs, and avoiding the formalities and delays of court, you can take control of your situation and move forward with greater certainty and less stress.
If you want a fair, confidential, and binding solution for your family matters, family arbitration could be the right path for you. Talk to a qualified family lawyer or arbitrator today to learn more about your options and how the process works in practice.
