Grandparents’ rights to see grandchildren
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Family law arbitration: settle divorce without court
Family law arbitration can help you resolve divorce disputes privately, with a legally binding outcome and without going to court.
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Overview
Guiding you through family law arbitration with care and understanding
Is arbitration right for you?
Divorce can be stressful and confrontational, especially when disagreements lead to lengthy and expensive court proceedings.. Family law arbitration offers an alternative way to resolve disputes privately, without the need to go to court. You can choose a timetable and setting that fits around work, childcare and family life. Arbitration also offers greater privacy and confidentiality than court proceedings.
What issues does arbitration resolve?
Arbitration can help you resolve the key issues in your divorce through a legally binding decision. This can include financial settlements, property disputes, spousal maintenance and childcare arrangements. Agreement can be reached through discussion and advice from your legal advisors and your arbitrator.
What is an arbitrator?
An arbitrator is a legal professional with extensive family law experience and at least ten years’ post qualification experience. They receive specialist training to deliver fair and impartial decisions. During the process they will assess all evidence, consider legal arguments and deliver a written decision that is legally binding.
What you can expect from us
You will get clear, practical support throughout the arbitration process. You’ll receive balanced, pragmatic guidance focused on resolving disputes constructively and fairly. Where children are involved, their welfare will remain central to every decision.
View our fixed-fee family law consultation page – we offer compassionate, expert guidance from an experienced solicitor, focused on you and your next steps.
The Tees family team are hugely experienced and great at everything they do. They are very professional, caring and responsive when working together on cases. They will pick up the phone to discuss a problem rather than write letters, which is invariably helpful.
How the arbitration process works step-by-step
- Agreement to arbitration – both partners must agree to arbitration and will sign a form (ARB1 from the Institute of Family Law Arbitrators) to make this official.
- Appoint an arbitrator – the parties choose their arbitrator who will be involved in the case from start to finish. If they can’t agree on an arbitrator the IFLA can select one for them.
- Initial case management conference – during this stage, the process and timetable are agreed. It can involve a formal hearing where both parties are present, or be conducted entirely on paper.
- Evidence and submissions – each party presents their evidence, financial disclosures, information about children and legal arguments. This often happens at a face-to-face meeting.
- The Award – the arbitrator delivers a legally binding decision in writing, known as an Award.
- Court approval – in most cases the award is sent to a court to become legally
The advantages of arbitration:
- Protects your privacy – discussions and decisions remain confidential
- Keeps you in control – you choose the timetable, venue and arbitrator
- Saves time and legal costs – arbitration is generally quicker and less involved than going through the court process
When arbitration is not the right way forward
- Hidden assets – if there is a high risk of hidden assets, arbitrators have more limited powers than the court to compel disclosure
- Domestic abuse – if there is or has been domestic abuse in the relationship, the case is often not suitable for arbitration. The court has stronger powers to protect someone experiencing abuse
- Challenging a decision – an arbitrator’s decision is final and, unlike a court judgement, there are limited grounds to appeal.
- Arbitrator’s fees – bear in mind that an arbitrator has to be paid for their time, unlike a judge.
Helping you resolve divorce disputes through arbitration
Our family lawyers can help you achieve the following through arbitration:
- Financial settlements
- Property disputes
- Arrangements for children
- Legally binding divorce agreements
Our experience in family law arbitration
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Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
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Case study: Using family arbitration to resolve a Schedule 1 Children Act Financial Dispute
In this case study, we explore how arbitration provided a faster, private and constructive way to resolve a Schedule 1 Children Act claim after mediation failed. With expert legal guidance, our client secured a fair outcome focused on meeting the child’s needs while avoiding a prolonged court battle.
Legal and financial advice
We have a team of in-house independent financial advisers who work closely with our lawyers to deliver all the advice you need. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we are accountable for all the advice we give.
We’re here to help
If you want a lawyer to take a closer look at your situation, our family and divorce lawyers are based in:
- Cambridgeshire: Cambridge
- Essex: Chelmsford, and Saffron Walden
- Hertfordshire: Bishop’s Stortford and North Herts
But we can help you wherever you are in England and Wales.
When relationships break down, resolving disputes over finances or child arrangements through the courts can be slow, costly and stressful. Family arbitration offers separating couples a quicker, confidential alternative, allowing an independent expert to make a legally binding decision outside the courtroom. This guide explains how the process works, when it may be appropriate, and why more families are turning to arbitration to resolve complex family law disputes.
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Frequently asked questions
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Family law arbitration FAQs
What is family law arbitration?
Arbitration is a way of resolving dispute – whether in relation to finances or arrangements for children. An independent arbitrator (like a judge) is appointed jointly by the parties to adjudicate on the points in dispute. The arbitrator’s decision/adjudication is called an ‘award’, which will be binding on the parties.
How does the family law arbitration process work?
Once parties have agreed to enter into arbitration, the first step will be to agree an arbitrator. An arbitrator is a family lawyer (a specialist family law solicitor or barrister) who is qualified to sit as an arbitrator. The arbitrator will set the steps to be taken and the timetable. Both parties may have solicitors to advise them during the process and either a solicitor or a barrister to represent them at the arbitration (akin to a court hearing before the arbitrator).
When is arbitration suitable?
Families can agree to use arbitration from the outset or even after court proceedings have started. It can be used to resolve disputes about finances and child arrangements.
