Going to court isn’t the only way to resolve family disputes. Arbitration is becoming a popular alternative, especially for couples sorting out finances after a separation. It’s private, quicker than court, and often less stressful.
In England and Wales, family arbitration operates under the Institute of Family Law Arbitrators (IFLA) scheme. It involves an appointment of an independent, trained arbitrator, often a senior Solicitor, Barrister or retired Judge to help parties resolve issues such as:
- Financial settlements
- Property ownership disputes
- Disagreements over child arrangements
The Arbitrator’s decision known as an Arbitral Award or Determination will be final and binding, subject to very limited challenge in Court.
Why Choose Arbitration?
You won’t be waiting months for a court date. Arbitration can often be arranged within weeks.
Unlike court hearings, arbitration is completely private ideal if you value discretion.
You can choose your arbitrator, agree the process, and even hold sessions online.
One person hears your case from start to finish, which often feels fairer and more personal.
Once a decision is made, it’s binding so you can both move on without drawn out appeals.
- Faster Decisions
- Private and Confidential
- Flexible Process
- Consistent Decision-Making
- Final Outcome
Things to Consider
· You’ll need to pay the arbitrator’s fees (usually shared between both parties), which isn’t always affordable. You would the Arbitrators fees as well as the costs of your Barrister & Solicitor.
· Arbitration isn’t suitable for every case if there are serious safety concerns or child protection issues.
· Once the arbitrator makes a decision it is hard to appeal/challenge it even if you think the decision is wrong.
· If someone does not stick to the agreement, you may still need to go to court to enforce it.
Conclusion
Arbitration can be a great option if you and your ex-spouse want a private, faster, and more flexible way to sort out finances or the child arrangements. But it’s important to get legal advice to make sure if it is the right fit for you.
If you would like more information or wish to discuss this topic further, please feel free to contact Monika Brar at JPC for a free initial 30-minute consultation.
Email: mbrar@jpclaw.co.uk
Tel: 020 7644 6305
