Arbitration

Arbitration is a form of dispute resolution.

Arbitration is a private form of dispute resolution in which both parties agree to appoint a suitably qualified person, known as an arbitrator, to determine the dispute and make an award (similar to a judgment), which is usually binding.

What are the benefits of family arbitration?

The principal benefits of arbitration are:

• Speed: Subject to the arbitrator’s availability, the timetable can be agreed by both parties. This can help avoid delays caused by pressure on court time, adjournments, or judicial availability. Arbitration is also likely to be completed significantly more quickly than court proceedings.

• Confidentiality: The process is protected by strict confidentiality, helping clients resolve matters discreetly.

• Costs: While the parties will need to meet the arbitrator’s fees, any venue costs and, where required, transcription costs, arbitration can often be more cost-effective than court proceedings. In particular, the ability to limit disclosure and focus the scope of the dispute can help reduce time and expense. Because clients are involved in shaping the process, it is often easier to concentrate on the key issues that need to be decided.

• Flexibility: Arbitration can cover all issues or be limited to specific agreed matters, allowing scope for further negotiation or, where necessary, an application to the court. If appropriate, the arbitration may also be completed on paper, which can further reduce costs. Clients also have flexibility over the time and place of any hearings.

• Choice of arbitrator: Unlike court proceedings, arbitration allows the parties to choose their arbitrator. This means the dispute can be determined by a selected specialist with appropriate experience, which can be reassuring for clients and their advisers. Once appointed, the arbitrator will usually manage the case from start to finish.

In summary, family arbitration offers a private, flexible and often quicker way to resolve disputes, with the added benefit of allowing parties to choose a specialist arbitrator. For many clients, it can provide a focused and cost-effective alternative to court proceedings while still producing a binding decision.