Arbitration in Matrimonial Disputes | Divorce Lawyers & Family Law Solicitors | Austin Kemp
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Divorce & Family Law

Arbitration in Matrimonial Disputes

Arbitration is a form of formal dispute resolution process and has been available in family law disputes since 2012.

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It is becoming increasingly popular among divorcing couples as a way to resolve both financial and children issues and it is often quicker than the court process, yet still private.

Arbitration allows the parties to choose the date, time and place of the Arbitration, as well as of course choosing the Arbitrator. The whole process tends to be more efficient and cost effective.

Arbitration still allows both parties to prepare and present evidence to the Arbitrator, who then makes a final, binding decision.

If you are considering resolving your family disputes through an Arbitrator, here are some things to consider;

What You Need to Know

In the event that a divorcing couple (or Civil Partners) have a disagreement about how to divide their assets and debts or in relation to their children, they may choose to settle the matter outside of court through a process called Arbitration.

If a divorce case is already in court, Arbitration can be used to settle separate issues that may be prolonging the case or the parties can ask that the court ‘stay’ the proceedings to give them the opportunity to undertake Arbitration.

Both sides then choose an independent, suitably qualified Arbitrator. Who will decide upon the issues you have in your particular case. There are separate rules for financial and children cases.

The Arbitrator hears all the evidence and makes a binding decision called an “arbitral award.” It is advisable that the Family Court then approves (ratifies) this decision as part of an Order.

However, as Arbitration is an alternative to going to court, mediation or a collaborative law approach, it has the potential to succeed where other attempts at resolution have failed.

Arbitration may suit divorcing couples where domestic abuse or the children’s safety is not an issue, where there is a litigant in person or where a specific area of expertise is required by the Arbitrator.

The main reasons a divorcing couple should opt for Arbitration is that it’s cheaper and quicker than proceeding through Court to a final hearing. Furthermore, the couple are in charge of the process, so it may encourage better communication and less animosity, which can prevent future conflicts.

How Arbitration Works

Divorce Arbitration works differently from other divorce processes..

  • Both parties must first agree to use an Arbitration to resolve their disputes.
  • They appoint an independent Arbitrator.
  • They must agree that the decision of the Arbitrator will be final and binding.
  • Arbitration hearings come next. Both sides will present their cases, evidence, and arguments. The Arbitrator will also question the parties and may also question the witnesses.
  • The Arbitrator makes the final, binding decision.
  • You can ask the court to make that decision part of a final Court Order.

The Benefits of Arbitration

The benefits of Arbitration in your family case include the following:

Flexibility

Arbitration offers a degree of customisation that is not available in a courtroom. With this process, spouses can choose the Arbitrator that they feel will be best suited to hear their issues, while also allowing them to craft unique solutions tailored to their specific needs and situations. They can decide on a meeting time, venue, and transfer of property ownership. This is unlike a court hearing, where the judge decides everything on behalf of the couple.

Confidentiality

Arbitration allows couples to settle their disagreements without becoming the subject of public scrutiny. It provides a safe and private space for couples to resolve issues arising from their separation. This is one of the primary reasons why couples are increasingly opting for third-party Arbitration services during the settlement process.

Cost Effective

Using Arbitration to resolve matrimonial disputes helps reduce the need for costly court hearings. The parties involved are more likely to be satisfied with the outcome, as they were more in control of the process. For those looking for a way out of expensive legal costs because of a prolonged court case, Arbitration is proving to be a great option.

More Certainty

The decision of the Arbitrator is binding, in the same way as a Court Order (subject to ratification by the Court), providing certainty of outcome. There are also very limited grounds for appeal under the Arbitration Act 1996.

bob

Flexibility

Arbitration offers a degree of customisation that is not available in a courtroom. With this process, spouses can choose the Arbitrator that they feel will be best suited to hear their issues, while also allowing them to craft unique solutions tailored to their specific needs and situations. They can decide on a meeting time, venue, and transfer of property ownership. This is unlike a court hearing, where the judge decides everything on behalf of the couple.

bob

Confidentiality

Arbitration allows couples to settle their disagreements without becoming the subject of public scrutiny. It provides a safe and private space for couples to resolve issues arising from their separation. This is one of the primary reasons why couples are increasingly opting for third-party Arbitration services during the settlement process.

bob

Cost Effective

Using Arbitration to resolve matrimonial disputes helps reduce the need for costly court hearings. The parties involved are more likely to be satisfied with the outcome, as they were more in control of the process. For those looking for a way out of expensive legal costs because of a prolonged court case, Arbitration is proving to be a great option.

bob

More Certainty

The decision of the Arbitrator is binding, in the same way as a Court Order (subject to ratification by the Court), providing certainty of outcome. There are also very limited grounds for appeal under the Arbitration Act 1996.

How to Prepare for Arbitration

If you’re about to start your Arbitration process, prepare the following:

Financial Records

You need collate your financial records, including your income tax documents, ownership and identity documents and bank or loan statements.

Emotional and Psychological Brain

You should prepare emotionally and psychologically for the Arbitration process, even if everything starts smoothly. Whilst you are more in control than if you were in the Court process, it can still be a stressful time.

Budget

Remember to budget for the Arbitration process. Arbitrators should agree their fee before you begin the process. Also, budget and calculate well for post-divorce life as you have to sustain your life without depending on each other. Doing this prevents financial stress.

bob

Financial Records

You need collate your financial records, including your income tax documents, ownership and identity documents and bank or loan statements.

bob

Emotional and Psychological Brain

You should prepare emotionally and psychologically for the Arbitration process, even if everything starts smoothly. Whilst you are more in control than if you were in the Court process, it can still be a stressful time.

bob

Budget

Remember to budget for the Arbitration process. Arbitrators should agree their fee before you begin the process. Also, budget and calculate well for post-divorce life as you have to sustain your life without depending on each other. Doing this prevents financial stress.

Tips for Navigating Arbitration

Use the following tips to make the Arbitration process for your family dispute easier and much more effective:

  • Avoid emotions during the divorce Arbitration as this may work against you.
  • Be ready to compromise and be willing to accept the Arbitrator’s decision. Divorce Arbitration is more about resolving a dispute quickly. Losing one point doesn’t mean all.
  • Be willing to communicate to make the Arbitration process effective and shorter.
  • Work with a reputable and experienced Arbitrator. You can ask for recommendations or look for online reviews.

How can Austin Kemp’s family solicitors help you?

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If you have decided that divorce is the best way out, don’t hesitate to contact Austin Kemp solicitors. We have immense experience helping divorced couples solve divorce and financial cases, as well as child arrangement and support issues. Our professionals ensure you reach an agreement that is best for both parties where possible, or if not, advise you how best to proceed to reach the best outcome for you. Contact us and to get further information on the family Arbitration process.

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