Arbitration is another form of Alternative Dispute Resolution and involves the parties entering into an agreement under which they appoint an arbitrator to adjudicate their dispute and make an arbitral ‘award’. That award is legally binding.
Arbitration is available for financial disputes and those relating to arrangements for children.
Who is the arbitrator?
The Institute of Family Law Arbitrators (IFLA) is the professional body governing the work of arbitrators, all of whom are examined and must qualify as an arbitrator. We can recommend a suitable arbitrator to assist with your case, always with an eye to the specific facts and circumstances.
There are numerous benefits to arbitration including:
- Control: the parties can jointly appoint the arbitrator which means you can dictate who is involved in important decision making for your family;
- Continuity: you will benefit from knowing that the same individual will adjudicate for you throughout;
- Flexibility: you can discuss and agree the scope of the arbitration, as it is sometimes the case that arbitration is used to resolve one discrete issue preventing settlement;
- Privacy: in some cases, the parties are motivated by a desire for confidentiality and protection from reporting (that can follow high profile cases in court); and
- Convenience: you can agree the when, where and how, including whether the arbitration should proceed in person or on paper.