What is Arbitration?
And how does it work where there are disputes regarding child arrangements?
Arbitration is a process whereby a legally binding outcome (an “Award”) is made by a qualified Arbitrator where you have been unable to reach agreement on a range of family related financial issues and/or child arrangements with your spouse or partner.
The Institute of Family Law Arbitrators (IFLA) organise and run the scheme. The scheme now covers issues of child arrangements as well as financial and property disputes arising from the breakdown of a relationship, whether unmarried, married or civil partners.
What are the benefits of Arbitration over the Courts?
- Choice – You are in control of choosing who decides your case. With the Court process you cannot choose your Judge and you cannot be guaranteed to have the same Judge throughout your case which leads to inconsistency in judicial approach.
- Speed – The Court system is slow – delays are significant both in terms of the Court office processing applications but also in terms of finding judicial time and it can take many months.
- Privacy – The hearings are conducted in private and confidential
- Location and Listing – The hearings will be on a date, at a time and at a venue that suits you. With the Court process you may be listed when inconvenient and at a venue you have to travel to
- Issues to be arbitrated on – These are determined by you
- Cost – The arbitration process is likely to be cheaper than the Court process.
