Arbitration provides an alternative to the court process when dealing with financial or children issues upon divorce or separation.

An arbitrator is often an experienced barrister or solicitor who has undertaken training as an arbitrator. He or she is appointed to make a decision that will be final and binding upon the parties in relation to the issue or issues in dispute.

Features of Arbitration

Arbitration:

  • gives parties a choice: you can choose the arbitrator who is right for the issues in your case and who has the relevant expertise.
  • offers a set timescale and convenience: you can set your own timescale, arranging hearings for times and dates that suit you both, and knowing that there will be no unnecessary delays or adjournments. You can also choose the venue.
  • is confidential - hearings are conducted in private and therefore it is an excellent process for people seeking a legal determination without the risk of publicity.
  • is bespoke: you can choose which issues you need the arbitrator to rule on. Arbitration can be useful, for example, where one or two issues remain unresolved from another process (mediation, for example).

Arbitration is not for everyone. Ultimately, it involves a decision being made for you. If you prefer to reach your own decision, another option, such as mediation, collaborative law or negotiation, may be more appropriate, or indeed the option of having a private FDR or ENE (early neutral evaluation). However, arbitration is a valuable process for those who seek a private, bespoke non-court determination.

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