Arbitration lawyers

Why use arbitration for your family law case?

Arbitration is not the right choice for everyone, but for many separating couples in England and Wales, it offers significant advantages over going to court. Some of the most meaningful benefits include:

• Speed: Arbitration can often be concluded in weeks rather than the months or years that contested court proceedings can take. If time matters to you, and for most people it does, this alone can make a substantial difference
• Privacy: Proceedings are entirely confidential. Unlike court hearings, there is no public record and no media access. Everything discussed remains between the parties and the arbitrator
• Choice of arbitrator: You can select a specialist whose background aligns with the issues in your case, rather than having a judge assigned to you. If the parties cannot agree, IFLA will nominate someone suitable
• Flexibility: You and your former spouse have far greater say over how the process is conducted than in court proceedings. Hearings can be scheduled around work and family commitments, and the procedure can be tailored to the specifics of your dispute
• No MIAM requirement: Unlike court proceedings, you are not required to attend a Mediation Information and Assessment Meeting (MIAM) before starting arbitration
• Finality: The arbitrator’s decision is binding, and courts in England and Wales will uphold it. If certainty of outcome matters to you, arbitration provides that in a way that mediation cannot
• Cost: While arbitration does involve an arbitrator’s fee, it is generally less expensive than full contested proceedings through the Family Court

It is worth noting that arbitration can also be used alongside other processes. If you and your former spouse have reached agreement on some issues but remain deadlocked on others, an arbitrator can be appointed to decide only those outstanding points. This helps you achieve a complete resolution more efficiently.