Arbitration

Arbitration is a private, legally binding way to resolve family disputes outside of court. In this process, both parties agree to appoint an independent arbitrator, usually a seasoned legal professional, who reviews the evidence and makes a final decision. Arbitration can be used for resolving issues around finances, property, or child arrangements, offering a structured but more flexible alternative to litigation.

Yes, arbitration can be used as part of a divorce to settle disputes around money, property, and child-related issues. Whether it’s deciding how to divide pensions or resolving disagreements over child support, arbitration provides a faster and more controlled way to resolve without needing a full court process.

Arbitration offers several advantages over traditional court proceedings. It’s typically quicker, more private, and allows couples to have greater control over the timing, location, and choice of arbitrator. It also allows for more continuity, as the same arbitrator oversees the case from start to finish, something that’s not guaranteed in court.

Both parties agree to arbitration by signing an agreement that outlines the scope of the dispute. They then select an arbitrator, who may conduct a hearing in person, remotely, or even just by reviewing written submissions. After considering all the evidence, the arbitrator makes a legally binding decision that both parties must follow.

Arbitration allows for faster outcomes, personalised scheduling, and private proceedings. It can be more cost-effective than litigation and provides more continuity by involving just one decision-maker. Arbitration also lets couples tailor the process to specific issues, whether it’s one financial matter or several areas of disagreement.

While arbitration has many benefits, there are a few limitations to consider. You’ll need to pay for the arbitrator’s time, and unlike in court, arbitrators can’t compel third parties, like employers or banks, to share documents. Also, once a decision is made, it’s legally binding, and appeals are extremely limited.

Yes. Once both parties agree to arbitration, they are committing to accept the outcome. The arbitrator’s decision is enforceable and carries the same legal weight as a court order once it’s formally approved. It’s important to understand that you can’t simply walk away if you disagree with the result.

Although you pay a fee for arbitration, it often works out to be more cost-effective than a drawn-out court case. With shorter timelines, fewer hearings, and more efficiency, couples generally find that arbitration can save time, stress, and money in the long run.

Yes, one of the key advantages of arbitration is privacy. All documents, evidence, and decisions remain confidential, and nothing is made part of the public record. This makes arbitration an appealing option for those who value discretion.

Arbitration decisions are rarely overturned. While appeals are technically possible, they’re only granted in very limited cases, such as legal errors or serious misconduct. If you choose arbitration, it’s best to assume the outcome will be final.

Couples can choose an arbitrator together, often with guidance from their lawyers. You can select someone with specific expertise in financial or family law matters, and if you can’t agree on a professional, an arbitration body can assign one for you.

While both are forms of alternative dispute resolution, they work very differently. Mediation involves a neutral facilitator who helps the couple reach their agreement. In arbitration, the arbitrator listens to both sides and makes a binding decision. If you’re looking for a clear ruling rather than ongoing negotiation, arbitration may be the better option.