Family Arbitration

Why consider arbitration?

Often when a relationship comes to an end, the issue of splitting finances needs to be resolved between the parties. There are various ways to do this, including consulting a family solicitor. This may entail an increase in legal fees, stress and delay if your matter ends up in court for adjudication.

A cheaper and quicker way to resolve your finances would be to consider alternative dispute resolution (ADR). Arbitration is one of several forms of ADR.

For An Initial Discussion Call

Safeena Tufail (MCIArb) on 0118 957 5337

How does it work?

This is a private process. It involves appointing an independent third party, known as an Arbitrator, to make a legally binding decision based on the evidence provided by the parties. The evidence is evaluated, a decision reached, and the decision is then written into an ‘award’. This award is final, binding and enforceable, and can only be appealed in exceptional circumstances.

Sometimes there are meetings and hearings when the parties present evidence and answer questions.

You and the other party, or an appointing body, can choose your arbitrator, and you will want to find the right specialist expertise for your dispute. Further, you both agree which rules and procedure will be applied in the arbitration. This differs to the courts, where the court determines the process and rules.

What if we have agreed on most issues already?

Arbitration can assist in resolving all issues between the parties, or if preferred only specific issues.

Is it final?

As the award is final and binding, this leaves little scope of it being challenged in court. Therefore this process saves parties on the significant costs and time involved in concluding their matter through the courts.

What other dispute resolution processes can be used once arbitration has started?

Parties can continue to negotiate directly, or explore mediation (conducted by a different third-party who is a qualified mediator). In some cases, where parties reach settlement at a mediation conducted after arbitration has started, they can request that the arbitrator convert their mediation agreement into an arbitration award.

If you would like to have a talk about arbitration, please contact Safeena Tufail at Hewetts Solicitors by telephone on 0118 9575337 or by email at S.Tufail@hewetts.co.uk