The complete guide to family arbitration

Dealing with a serious dispute in your relationship can be both emotionally and financially draining. The last thing you want is to be stuck in a drawn-out court battle during this time, especially when you have children to consider.

This is where arbitration comes in. A faster, more confidential way of working through disagreements outside of court, it’s becoming a popular choice for families who want to resolve issues with less stress. But what exactly is it, and is it right for you?

Sousa Law have been guiding people through arbitration in Southampton and the surrounding areas for years. Below, we’ll explore what family arbitration is, its history, its benefits, and whether it might be a good fit for your situation.

What is family arbitration?

Arbitration is a way to settle a disagreement outside of court. It involves a neutral third-party, called an arbitrator, listening to both sides of the argument and making a binding decision. This decision is usually final, meaning neither party can appeal it to a court.

Family arbitration is a specific type of arbitration used to settle disagreements arising from family matters, particularly during a separation or divorce. It can address financial disputes (division of assets and debts) or child-related issues (custody, visitation).

What is the history of family arbitration?

Financial family arbitration was introduced in the UK in February 2012. It was slow to catch on at first, as people were unsure about the costs and what kind of decisions arbitrators would make. There also weren’t many familiar arbitrators around. However, over time, it became a more attractive option for couples seeking to resolve disputes outside of court. This growing popularity led to family arbitration being expanded in July 2016 to cover disputes involving children as well.

What are the advantages of family arbitration?

Family arbitration comes with several advantages over traditional court battles. Here are some of the key benefits:

• Court proceedings are a matter of public record. With arbitration, all the details of the case and the eventual decision are kept private, which can be especially appealing in sensitive family matters.
• Arbitration is typically much faster than going through the court system, which can be backlogged and slow-moving. This can save time and money for both parties.
• You and your ex-partner have more control over the process. You can choose the date, time, location, and even the format (in-person or written) of the arbitration hearings.
• You can select the most suitable arbitrator for your case based on their expertise, rather than being assigned a judge who might not specialise in family law.
• Arbitration hearings are generally conducted in a more relaxed setting than a courtroom, which can help reduce the stress of the situation.
• Arbitration can be more solution-oriented than litigation. The arbitrator can help you and your ex-partner find a solution that works for everyone involved, especially when children are concerned.

How qualified are arbitrators?

Family arbitrators must have:

• At least 10 years of post-qualification experience
• Over 600 hours spent on family law matters per year
• Over 400 hours spent in the area they wish to qualify

This experience gives them the knowledge to understand the intricacies of your situation and guide you towards the best outcome.

Examples of family law issues suitable for arbitration

There are a lot of scenarios where family arbitration is a good choice. Here are some examples:

• A couple getting divorced agrees on most things, except on how to divide their holiday home. Arbitration could be a good option to settle this specific dispute without needing a judge to decide.
• A couple may agree on child custody and most asset division but disagree on the amount of spousal maintenance. Arbitration could be a faster and more private way to reach a final decision.
• A couple has a mix of assets like stocks, a family business, or inherited property. Arbitration could be helpful because they can choose an arbitrator with specific financial expertise.
• If a prenuptial agreement spells out certain financial arrangements but there’s a disagreement about its interpretation, arbitration could be a quicker way to resolve it than going to court.
• A Child Arrangement Order doesn’t define when the weekend starts, whether contact continues through school holidays, or what arrangements are needed for holidays abroad or Christmas. Arbitration can iron out these details without the hassle of going to court.

When isn’t family arbitration the right choice?

Family arbitration can be a great way to resolve disputes, but there are some situations where it’s not the best option:

• If one person in the family has significantly more power or resources than the other, arbitration might not be fair. Intimidation can be a factor, and the weaker party might not be able to advocate for themselves effectively.
• Arbitration can make it difficult to uncover hidden assets. Arbitrators don’t have the same power as courts to compel financial disclosure as the courts.
• Arbitration can be dangerous if there’s a history of domestic violence or abuse. The abuser could use the process to further control the victim.
• Certain situations require court orders, such as restraining orders or orders compelling someone to pay child support. Arbitrators can’t issue these types of orders.

In these situations, exploring different options (including litigation) might be the best course of action.

Sousa Law: Southampton’s trusted family arbitration experts

Going through a family separation can be incredibly stressful. Sousa Law’s experienced family arbitrators understand the difficulties you’re going through, and offer a supportive, confidential environment to help you find a solution that puts your family’s well-being first.

Feeling unsure of your next steps? We’ll walk you through all your options, including arbitration, mediation, collaborative practice, and litigation. Our expertise means you’ll get the best support possible, no matter which path you choose.

Book a confidential appointment online or call us on 02380 713060 today.