The aim of family arbitration is to facilitate a quicker and more cost-effective resolution to most family law disputes, whilst still providing a final decision.
Unlike standard court procedure, arbitration can offer greater flexibility to suit a separating couple’s needs. If the arbitration complies with the rules of the Institute of Family Law Arbitrators (IFLA) it is highly likely that the court in England and Wales will convert any agreement into law. In doing so, any arbitration award made will become legally enforceable in the form of a court order.
In the event of a dispute upon separation, a real benefit of arbitration is that it provides a forum to resolve that dispute which is private. All arbitration hearings take place in private and this therefore reduces the likelihood of any dispute being broadcast in the media. In addition, couples can jointly select an arbitrator to oversee a dispute, a luxury not afforded in the courts. The selected arbitrator could be a specialist in the issue in dispute, which may be reassuring to parties involved.
At present, the main advantage of arbitration, is the speed of resolution. The court system is struggling due to cut backs and delays caused by Covid-19, this means it is not uncommon to wait several months for a hearing date. If arbitration is being considered you can select a time, date and venue to suit you.
Arbitration is increasingly popular as a form of alternative dispute resolution for separating couples. The process is flexible and can be used to resolve disputes regarding children or financial matters. The process can also be used to resolve discreet and interim issues.
If you need more information on the topic, please contact Amy Harris.
