Family Arbitration Solicitors

If you are separating or going through divorce, family arbitration can provide a private and structured way to resolve a dispute without waiting for the court to decide the issue. It allows you and your former partner to appoint an arbitrator, often described as a private judge, who will consider the evidence and make a binding decision.

Family arbitration can be used to resolve financial disputes, property disputes and certain child arrangements. It may be suitable where you need a clear outcome, but want greater control over the timetable, the choice of decision-maker and the way the process is managed.

At JMW, our family law solicitors advise clients before, during and after arbitration. We help you understand whether arbitration is the right route, prepare your case properly and protect your position throughout the arbitration process.

Our team regularly advises on complex family law matters involving business interests, trusts, pensions, property portfolios, international assets and sensitive children issues. We provide clear, strategic guidance so you can make informed decisions with confidence.

To speak to our family law team in confidence, call 0345 872 6666 or complete our online enquiry form to arrange a call at a time that suits you.

How JMW Can Help

Family arbitration can be a focused and effective alternative to court proceedings, but it still requires careful preparation. The arbitrator’s decision will usually be binding, so it is important to enter the process with a clear strategy and a full understanding of the issues being decided.

We advise clients at every stage of family arbitration, including:

• Whether arbitration is suitable for your circumstances
• Choosing and appointing an arbitrator with the right family law experience
• Preparing evidence, disclosure and written submissions
• Representation at an arbitration hearing, whether in person or remotely
• Advice on the arbitrator’s decision and the steps needed to make it legally effective
• Alternative options if arbitration is not the right route, including mediation, private FDR, negotiation or court proceedings

JMW has one of the country’s largest specialist family law teams, with more than 40 family lawyers based in Manchester, Liverpool and London. Our team is recognised by the Legal 500, Chambers & Partners and Spear’s 500 for our work in family law, and we are known for advising clients nationally and internationally, including in high net worth divorce, complex financial cases and sensitive children matters.

Our role is not simply to guide you through the process. We help you decide whether family arbitration is the right strategic choice, identify what needs to be resolved, and present your position clearly from the outset.

The right approach will depend on the nature of the dispute. In some cases, arbitration can resolve the whole matter. In others, it may be used to deal with one specific issue that is preventing an agreement from being reached. We will help you understand the most effective route for your circumstances.

Meet Our Team

Our family law team advises clients on arbitration and other forms of non-court dispute resolution, providing clear guidance on financial disputes, property disputes, child arrangements and wider separation strategy.

Case Study

What Is Family Arbitration?

Family arbitration was launched in 2012 in England and Wales and is a private form of non-court dispute resolution that allows separating couples or parents to resolve family law disputes without waiting for the family court to make a decision. Both parties agree to appoint an arbitrator, who will consider the evidence, apply the law and decide the outcome.

The arbitrator acts in a similar way to a judge. However, unlike going to court, where there may be different hearings before different judges in arbitration the parties can choose which arbitrator they appoint, meaning they have more control over who decides the dispute, how quickly the process moves and how the hearing is arranged.

Family arbitration can be used to resolve financial matters, property disputes and certain child-related issues. It can be used instead of court proceedings, or after proceedings have already started if both parties agree.

In many cases, arbitration is used to resolve the whole dispute. It can also be used for a specific issue that is preventing wider agreement, such as how a property should be treated, how pensions should be divided or how a particular child arrangement should work.

The arbitrator must decide the case using the law of England and Wales. Family law arbitration cannot be used to make a legally binding decision based on religious law or the law of another country.

What Happens During the Family Arbitration Process?

Arbitration works through a managed process directed by the arbitrator. The exact steps will depend on the issues involved, but it usually follows a clear structure:

• Initial advice: Each party should take legal advice on whether arbitration is suitable, what issues need to be decided and the information that will be needed.
• Agreement to arbitrate: The parties enter into an agreement confirming that they will use arbitration and be bound by the arbitrator’s decision.
• Appointing the arbitrator: The parties appoint an arbitrator. If they cannot agree who should be appointed, they can ask the Institute of Family Law Arbitrators to appoint a suitably qualified person.
• Setting the timetable: The arbitrator gives directions for how the process will run. This may include deadlines for disclosure, evidence, written submissions and the arbitration hearing.
• Preparing the evidence: Each party provides the information needed for the arbitrator to understand the dispute. In financial cases, this may include details of income, property, pensions, business interests, trusts, liabilities and other assets.
• The arbitration hearing: The hearing can take place in person, remotely or, in some cases, on paper. The right format will depend on the nature of the dispute and what the arbitrator directs.
• The arbitrator’s decision: In financial matters, the decision is usually called an arbitral award. In children cases, it is usually called a determination, and the arbitrator's decision is the formal outcome of the process and is usually binding.
• Making the decision effective: Where needed, the decision can be converted into a court order, giving it formal legal effect.

What Can Family Arbitration Help With?

Family arbitration can be used to resolve a wide range of family law disputes, provided both parties agree to take part. It can be used as an alternative to court proceedings, or alongside an existing case where a specific issue needs to be decided more quickly or privately.

Financial and property disputes

Family arbitration is often used to resolve financial disputes following divorce or separation. This may include decisions about:

• The family home and other property
• Money and assets, including savings, investments, pensions, business interests, trusts and inherited wealth
• Spousal maintenance and interim financial arrangements

It can be particularly useful where the financial arrangements are complex and both parties want the matter to be dealt with by an arbitrator who has relevant family law expertise. This can include cases involving business ownership, property portfolios, international assets or substantial pension assets.

Arbitration can also help where most of the financial settlement has been agreed, but one issue remains unresolved. Rather than allowing that issue to delay the wider agreement, the parties can ask the arbitrator to decide that point.

Children and parenting arrangements

Family arbitration can also be used in certain children cases. This may include disputes about where a child should live, how time should be shared between parents, school choices, holidays or other specific child-related issues.

The focus in child arrangements is always the child’s welfare. Arbitration may be appropriate where parents need a clear decision but want to avoid the delay and formality that can come with going to court.

Arbitration will not be suitable for every child-related matter. Where there are safeguarding concerns, urgent welfare issues or a need for the wider powers of the family court, another route may be more appropriate.

Is Family Arbitration Right for You?

Family arbitration can be a genuine alternative to court where both parties want a private, structured and decisive way to resolve a dispute. It gives separating couples more control over the process, while still producing a binding outcome.

It may be suitable where:

• You want a binding decision without waiting for a court hearing
• Privacy and confidentiality are important
• You want to choose an arbitrator with relevant expertise
• You want the same arbitrator to manage the process from start to finish
• You need a decision on one specific issue
• You want greater flexibility over timing, format and location
• You are dealing with financial matters that would benefit from specialist family law knowledge

Arbitration is not right for every case. It may not be suitable where one party refuses to take part, urgent court orders are needed, there is a risk that one party may be hiding or refusing to disclose assets or third-party disclosure is required.

In cases involving children, arbitration may be unsuitable where there are safeguarding concerns or where the court’s wider powers are needed to protect the child’s welfare.

The most important step is to take advice before committing to a route. We can help you decide whether arbitration is likely to protect your position, or whether another dispute resolution method would be more appropriate.

Family Arbitration, Mediation and Court: What Is the Difference?

Family arbitration is one of several ways to resolve family law disputes outside the traditional court process. The right route will depend on the issues involved, the level of agreement between the parties and whether a decision needs to be imposed.

• Mediation helps both people discuss the issues and work towards an agreement, but a mediator cannot make a binding decision or impose an outcome on either party. An arbitrator considers the evidence and makes a final decision based on the law.
• Private financial dispute resolution (FDR) allows the parties to receive an indication from an independent evaluator, usually an experienced family lawyer or retired judge, about the likely outcome of a financial case if it were to go to a final hearing. That indication is not binding unless the parties reach an agreement and formalise it.
• Court proceedings may be necessary where urgent orders are required, where one party will not engage, or where the court’s wider powers are needed. However, going to court often gives the parties less control over timing, continuity and who hears the case.

Arbitration sits between these options. It offers a formal setting and a binding outcome, while giving the parties more control over the timetable, the choice of arbitrator and whether the hearing takes place in person, remotely or on paper.

Is the Arbitrator’s Decision Binding?

An arbitrator’s decision is intended to be final and binding. In financial matters, the decision is usually called an arbitral award. In children cases, it is usually called a determination.

Before the arbitration process begins, the parties enter into an agreement confirming that they will be bound by the arbitrator’s decision. This is one of the main differences between arbitration and more facilitative forms of dispute resolution, such as mediation.

In most financial cases, the arbitral award will then be used to prepare a consent order for approval by the family court. The court will usually uphold the arbitrator’s decision unless there is a clear and serious reason not to do so.

In children cases, the court retains its focus on the child’s welfare. Where a determination needs to be reflected in a court order, the court will consider whether the proposed order is in the child’s best interests.

The ability to challenge an arbitrator’s decision is limited. This is why it is important to understand your position before entering arbitration, and to make sure your evidence and arguments are properly prepared.

How Much Does Family Arbitration Cost?

The cost of family arbitration will depend on the arbitrator appointed, the complexity of the dispute, the amount of preparation needed and whether the matter is dealt with at a hearing or on paper.

In most cases, each party pays their own legal costs and the arbitrator’s fees are shared equally. The parties can agree a different arrangement - for example, where one person pays a greater share of the costs. The arbitrator may also make a costs award where one party has behaved unreasonably during the process.

Although the parties pay the arbitrator’s fees, arbitration can still be more cost effective than court proceedings in the right case. This is because the process can be more focused, more flexible and often quicker than waiting for a court hearing.

The overall cost will usually be influenced by:

• The seniority and experience of the arbitrator
• Whether the dispute involves financial matters, children issues or both
• The amount of evidence and disclosure required
• Whether expert evidence is needed
• Whether the arbitration hearing takes place in person, remotely or on paper
• How many issues the arbitrator is being asked to decide

We can advise on the likely cost considerations at the outset, including whether arbitration is proportionate for the issues in dispute.

Q

What is a family arbitrator, and what kind of experience will they have?

A

A family arbitrator is a suitably qualified person appointed to decide a family law dispute. Family law arbitrators are usually experienced solicitors, barristers or retired judges with specialist family law expertise and arbitration accreditation.

Unlike traditional court proceedings where your case is assigned to a particular judge, the parties can choose an arbitrator from the IFLA (Institute of Family Law Arbitrators) Panel. Provided the panel member agrees to the appointment, the same arbitrator will usually remain involved until the case is concluded. This allows parties to select an arbitrator on the basis of their qualifications, experience and approach. Alternatively, the parties can ask IFLA to appoint a panel member for them.

For their award or determination to be legally recognised, the arbitrator has to be a member of the IFLA panel. Panel members include senior solicitors, barristers, KCs and retired judges with substantial experience of family law. They have to undergo training and accreditation in order to become a panel member.

Q

Can arbitration decide just one issue?

A

Family arbitration can be used to decide one specific issue, rather than the whole dispute. This can be useful where separating couples have agreed most matters but remain stuck on a particular issue.

Q

Is family arbitration confidential?

A

Arbitration is confidential by its nature and takes place in private. This is different from some court hearings, where members of the media may be able to attend unless excluded by the judge.

Q

Do I need legal representation for family arbitration?

A

It is sensible to have legal representation during family arbitration. Arbitration can lead to a binding decision, so you should understand your legal position, prepare your evidence properly and make sure your case is presented clearly.

Q

Can family arbitration take place remotely?

A

Family arbitration can take place remotely, in person or through a paper-based process. The right format will depend on the issues involved, the arbitrator’s directions and what the parties agree.

Q

Can arbitration be used after court proceedings have started?

A

Family arbitration can be used after court proceedings have started, provided both parties agree. It may help resolve the whole dispute or narrow specific issues before a final hearing.

Q

Can disputes be decided in accordance with Islamic law?

A

The family law arbitration scheme can only resolve disputes in accordance with the secular law of England and Wales. They cannot apply religious principles or the laws of another country.