Arbitration

Arbitration is a way to resolve a dispute without going to court, and it serves as an alternative. In a family arbitration, parties will appoint an arbitrator, who will make a decision that will be final and legally binding between parties. Arbitrators can decide on every issue concerning the divorce, in this way when the court are approached there is minimal delay in getting the divorce granted.

Lestons have specialists across the UK who can visit both parties and put forward workable solutions, we would be delighted to assist both parties in this way. Using our specialist prevents many emotional stresses on both sides, often there is some give and take required but provided both sides have a degree of flexibility then solutions can usually be found.

You should also consider if there are children involved as having their loved ones “battle it out” in court can be very stressful, they will know that the part of the decision process, this may make them feel that they are being torn between their parents and have become “a problem” – this is hardly fair as they are usually the innocent parties.

Reasons to choose arbitration over going to court?

1. Family arbitration is faster than going to court. Right now, cases can take up to 4-6 months to even get a first appointment for the financial part of divorce cases.
2. It is less formal and more flexible. Unlike in court proceedings where you can be given a different judge depending on the issues you raise, e.g., finances, child custody, in arbitration, you will have the same arbitrator throughout the arbitration. This means that they will be flexible in understanding the entire situation and are in a less formal setting as usually; you are simply in a room discussing the issues. Additionally, the parties can have much greater input into how the proceedings are run. This can include choosing the venue or whether to meet face to face or in writing only.
3. It is cheaper. The cost of an arbitrator is cheaper than going to court, there is also a time issue as a court action can last for months and expenses can accumulate quickly during that time, especially if both sides begin to employ expensive counsel.
4. Choice of issues. You choose what you want the arbitrator to rule on.
5. Confidentiality. There is no possibility of media reporting. Unlike in courts where you have court reporters and the case is then printed, with the arbitration, the entire system remains private.

When would you choose Court over Arbitration?

1. If you think that the other party is hiding assets. If you suspect your partner is hiding assets and is not disclosing everything, you may need a court order; this is when you would choose courts.
2. If you want the option to appeal. In arbitration, you cannot appeal just because you don’t agree with the decision, although there are very limited rights to appeal to the court under a point of law, under the arbitration legislation. However, to do this, you would need a solicitor to be definite this specifically, and this will only make the process longer and more expensive which could defeat the reason why you wanted an arbitrator in the first place. However, in a court setting, you can appeal decisions.

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