Arbitration

At Bespoke Family Solutions, Margaret Kelly practises as a mediator and arbitrator. She is qualified as a solicitor, collaborative lawyer, mediator and arbitrator.

What is arbitration?

Arbitration is a non court based available to parties who are in agreement to use this process.  The identified arbitrator will also need to agree that the matter is suitable for arbitration.

Arbitration differs from mediation in that the decision is taken out of the parties hands.

In family arbitration the couple choose an independent arbitrator to resolve disputes about finances or children.

Arbitration is a flexible process the parties can choose the arbitrator, the venue, and times and dates that suit them. In the court process the court list the matter on a day – often some months ahead and the hearing will take place between 10am and 4.30pm.

The parties  agree in advance that the arbitrator’s decision will be binding.

They  may choose to refer papers only to the arbitrator and a decision will be made once the arbitrator has considered the papers.  Alternatively they may choose to  hearings where they attend and the arbitrator hears live evidence..

The parties can agree to refer the whole dispute to arbitration or just a specific point on which they cannot agree.

Arbitration offers confidentiality to the parties.

The parties retain their own lawyers throughout the process.

Arbitration is likely to be a lot quicker than going to court.