Family arbitration has various benefits as a way of settling family matters outside of court. Here are some of the key advantages of arbitration:
Speed of process
Significant backlogs are now being experienced in family courts, with stretched resources needing to deal with a rise in demand. If resolving your issues quickly is a priority, then family arbitration can be a good choice. In straight forward disputes, you can reach a resolution within 4-8 weeks of an arbitrator’s appointment.
More flexibility and control
Arguably the biggest advantages gained from family arbitration are the flexibility and control it gives the parties involved. As mentioned, you and your ex-partner get to choose where the arbitration is held and how to use the arbitrator. You can decide whether the process is to be run ‘on paper’, in person, remotely or a hybrid scheme involving a mixture of these. You get to decide how formal the process is.
Overall, the control people enjoy from choosing family arbitration can make it a lot less stressful than court proceedings. Typically, we see improved outcomes and faster timescales with this method of resolution.
Collaboration
By its very nature, arbitration is collaborative. As well as the pace at which the resolution is reached, working together in collaboration typically reduces conflict. The onus is on resolving the issues rather individuals trying to get the best outcome for themselves. This is particularly helpful when a case involves children.
Privacy
Family arbitration is essentially a confidential process. The media or public are not entitled to attend hearings, which are at venues chosen by the parties involved and not advertised.
Bespoke
Arbitration is tailored to your particular issues, and you can choose your arbitrator. This enables you to select someone with the specialist knowledge and level of expertise suitable for the particular issues in their case.
Your arbitrator would be privately engaged by you and this has several advantages:
Your arbitrator will be consistent, dealing with the dispute from start to finish
Your arbitrator will have knowledge of the history and development of the issues and arguments
The arbitrator can deal with any applications or issues promptly, as they arise
They will have set aside time to appropriately prepare for the arbitration, and give appropriate consideration and a detailed judgment after the hearing
Cost
Arbitration is usually a less expensive alternative to court proceedings. Being able to streamline the procedure, and limit disclosure, will usually lead to significant cost savings.
Your arbitrator’s fees will be fixed at the outset and shared between you and your ex-partner. Furthermore, there is no risk that the hearing will be removed at short notice and re-listed, leading to an additional brief fee, as is becoming increasingly common within the Family Court.
Finality
At the end of an arbitration process, you will receive a decision that resolves your dispute. The arbitration will be respected by the family court and it can be made an Order of the Court on request.