Family Law Arbitration Lawyers

There are a variety of routes to resolve family law disputes relating to either finances or children outside of court proceedings. It is important that all options are considered at an early stage.

Whilst court proceedings may be necessary in some cases, they are usually a last resort. As arbitration lawyers, we can support you through a wide range of Non-Court Dispute Resolution options. Arbitration in family disputes is an increasingly popular alternative to court.

Family law arbitration is a flexible and discreet way for families to resolve disputes without going to court. It allows separating couples to appoint an independent, specially trained arbitrator to make a binding decision, within a process tailored to their needs. Arbitration can offer greater speed, privacy and control than traditional court proceedings, while still providing a fair and legally robust outcome.

What is Family Law Arbitration?

Family law arbitration is one of the processes by which family law disputes can be resolved. Both parties agree to refer their dispute to family law arbitration and jointly appoint an independent, professionally trained arbitrator, who has extensive knowledge and experience in family law issues and acts impartially, much like a Judge. Both parties are usually supported through the arbitration by independent arbitration lawyers.

The scope of the arbitration is agreed at the outset, whether it relates to financial matters, property, or arrangements for children, and a timetable is set to suit everyone involved. Each party then prepares and presents their case, usually through written documents and, if appropriate, a private hearing. The arbitrator considers the evidence and legal principles before delivering a decision in writing, known as an award, which is binding and can be converted into a formal court order. 

Family Law Arbitration Services

Our family law arbitration services provide a practical, confidential alternative to court. Designed to be flexible and efficient, family law arbitration allows you to work with experienced arbitration solicitors and an independent arbitrator to reach a binding outcome on matters relating to finances or arrangements for children. The process is flexible and can be tailored to your circumstances, with a clear timetable and focused decision making, helping to reduce delay, stress and uncertainty. With expert legal support throughout, arbitration offers a streamlined and legally robust way to achieve a resolution while retaining greater control over how and when your case is decided.

Our family team at Stephens Scown offer outstanding family arbitration services. We regularly support clients to resolve disputes by way of arbitration. We can explain the process to you, discuss how each stage will work, and prepare your case in the best possible way. We will help you to identify and select an appropriate arbitrator to decide the matter, who will be someone with significant expertise in family law and experience in any particular aspects of your case, whether that be a complex business or farm to protect or unravel, a family trust, or where there are international considerations for example.

Frequently Asked Questions:

Can you go to court after arbitration​?

Yes it is possible to go to court after family law arbitration, but only in limited circumstances. If you choose arbitration as an alternative to court, you agree to be bound by the decision. The arbitrator’s decision (known as an award) is intended to by final and binding. In England and Wales, the court will usually uphold the outcome of arbitration and turn it into a formal court order, provided the process has been followed properly and the result is fair.

What is an arbitration agreement​?

An arbitration agreement is a written agreement between two or more parties confirming that they will resolve a specific dispute through arbitration rather than through the court system. The arbitration agreement sets out the scope of the issues to be decided, the rules that will apply, and the parties’ acceptance that the arbitrator’s decision will be final and binding (subject to limited court oversight). By signing such an agreement, the parties commit to the family law arbitration process and to being bound by the outcome.

How does arbitration work in a divorce​?

Arbitration in a family law context will usually take place alongside a divorce if a married couple are separating. It is common for a separating couple to issue a divorce application as one of the first formal steps if it is clear that the marriage has irretrievably broken down. The family court has the power to make financial orders upon a divorce, and as such a formal divorce application is necessary should the parties wish the award to be converted into a court order.

How long does arbitration take​?

Family law arbitration is generally much quicker than going to court but exact timescales depend on the complexity of the issues and how prepared the parties are. In many cases it can be completed within a few weeks to a few months, compared with court proceedings which can often take 12-18 months or longer.

How much does arbitration cost in the UK?

The costs of family law arbitration can vary depending on the complexity of the dispute and the issues involved, but it is often cost effective when compared with contested court proceedings. Typically arbitration costs are made up of two main elements: the arbitrator’s fees and each party’s arbitration solicitors’ fees. Arbitrator fees are usually charged at an hourly or daily rate and will depend on the arbitrator’s experience and the length of the case. For many straightforward financial disputes, the arbitrator’s fee may range from a few thousand pounds, shared equally between the parties unless agreed otherwise. More complex cases can cost more. One of the advantages of arbitration is cost certainty and control.