Arbitration has existed in some shape or form for deciding commercial disputes since the middle ages. Commercial arbitrations were first made the subject of a code of law by the Arbitration Act 1889.

This form of dispute resolution has only been available for family law matters since 2012 (finances) and 2016 (children matters). It is an option for resolving disputes that could and should be considered at all stages of a case. It can usefully be utilised for decisions on discrete points that may be blocking resolution of issues in mediation.

Arbitration differs from mediation in that the decision making is taken out of the hands of the parties and given to the arbitrator.

Like mediation taking part in arbitration is voluntary. However once the agreement to arbitrate is signed up and both parties having agreed to arbitration they are bound by that decision.

Parties can either retain their legal team during the arbitration or represent themselves.

A benefit of arbitration is its flexibility. As mentioned above arbitration is suitable for both discrete issues (e.g. should one party receive maintenance for a limited period or for life), and for making decisions on all matters arising from the breakdown of the relationship.

The parties can decide whether they would like a live hearing in front of the arbitrator with the arbitrator hearing evidence or whether the matter can be dealt with on the papers. The parties (or their lawyers if instructed) agreeing what is to be sent to the arbitrator.

Arbitration is likely to be quicker than the court process and with very few exceptions the decision of the arbitrator is final. If the arbitration is on financial matters arising from the breakdown of marriage or civil partnership it will be necessary for a consent order to be sent to the court.

All documents produced in the arbitration are confidential and can only be disclosed outside the arbitration by agreement of the parties or if compelled to do so by law.

A further advantage of arbitration is that the parties may choose the arbitrator, alternatively they can ask the Institute of Family Law Arbitrators to select the arbitrator. In the court process, you do not get to choose the judge. In addition where there may be more than one hearing, it is very likely that there will be a different judge on each occasion.

If you would like some more information on arbitration please email me on margaret@bespokefamilysolutions.com or call on 07957 663092. If there is no answer please send a text and I will return your call as soon as I am available.