Family arbitration is a private, confidential process designed to help separating couples resolve disputes without the need for a formal court application. It offers a faster, more flexible, and cost-effective alternative to court proceedings for disagreements over finances or child arrangements.
Sally Powell, an experienced family law professional, can guide you through the arbitration process. From selecting an arbitrator to navigating financial or child-related disputes, Sally provides expert support to ensure a smooth resolution.
How does family arbitration work?
Arbitration involves appointing an independent, qualified arbitrator who acts like a private judge to make a legally binding decision. Both parties must agree to arbitration and commit to accepting the arbitrator’s decision.
The process is adaptable to suit your needs. It can involve submitting documents, phone conferences, or face-to-face meetings. This flexibility makes arbitration a quicker and often more affordable solution compared to the lengthy court process.
What is an Arbitrator?
An arbitrator is a legally trained professional with extensive family law experience. With a minimum of 10 years of post-qualification experience, arbitrators undergo rigorous training to ensure they can deliver fair and impartial decisions. Similar to a judge, they assess evidence, consider legal arguments, and provide a written decision, called an “award” in financial cases or a “determination” in child arrangement cases.
The family arbitration process: Step-by-step
- Agreement to arbitrate: Both parties must agree to arbitration and appoint a suitable arbitrator. If an agreement cannot be reached, the Institute of Family Law Arbitrators can select one for you.
- Initial case management conference: This is often held via phone or in person to set out how the arbitration will proceed.
- Evidence and submissions: Each party presents their evidence and arguments.
- Decision making: The arbitrator delivers a legally binding decision in writing.
- Court approval (if necessary): In most cases, the arbitration decision is converted into a court order for enforcement.
Advantages of family arbitration
- Faster resolution: Avoid lengthy court delays with a streamlined process.
- Confidentiality: Protect your privacy with confidential proceedings.
- Expertise: Choose an arbitrator with specific experience in family law.
- Flexibility: Schedule hearings around your availability.
- Cost-effective: Reduce legal fees compared to court litigation.
Is an arbitration award legally binding?
Yes. An arbitration award has legal standing and is enforceable in the same way as a court order. While appeals are limited, you may challenge an award if there is a serious legal error or procedural irregularity.
Arbitration vs. mediation
While both processes are alternatives to court, they differ significantly. Mediation involves a neutral mediator facilitating discussions to help parties reach an agreement. In contrast, an arbitrator makes a binding decision. In some cases, mediation and arbitration can be used together to resolve specific issues.
How much does family arbitration cost?
Arbitrator fees are typically agreed upon in advance, and both parties usually share the costs. While the fees vary depending on the arbitrator’s experience and location, the overall expense is generally lower than court proceedings. Additional costs may include legal representation and expert reports if required.
Get started with family srbitration
If you’re considering arbitration to resolve family law disputes, it’s essential to seek legal advice. A qualified solicitor can assess your circumstances and help you navigate the arbitration process. Contact Sally Powell for expert guidance tailored to your needs.
Family arbitration offers a practical, efficient, and private way to settle disputes, ensuring a fair outcome for both parties while reducing the stress and costs associated with court proceedings.
