If you want quick, clear decisions about your children that have the same enforceability as a court order, then our family arbitration service is for you.
Arbitration is a way to secure legally binding decisions about your children rather than going through the court process. It is approved by the court, and our service is part of the Children’s Arbitration Scheme set up by the Institute of Family Law Arbitrators.
Our independent arbitrator, Sarah Evans, has a wealth of experience as a family law barrister and Deputy District Judge.
The Process
Our Family Arbitration Service is like having your own private judge. The impartial arbitrator listens to both sides of your dispute about your child in much the same way as a Judge would. They then make a legally binding decision resolving the dispute in your child’s best interests.
All parties must agree to arbitrate.
We can schedule an arbitration session quickly, either via Microsoft Teams or in person. It usually only takes one session to resolve straightforward issues.
For more complex matters, like relocating with your child, the arbitrator may require two sessions, but these are typically held in close succession.
The cost of arbitration is usually shared equally between the parents.
You can either represent yourself or have a lawyer represent you.
Why choose Family Arbitration?
It is a quick and easy alternative to court.
Arbitration is typically faster than court proceedings, especially given the backlogs many courts are facing. Since arbitration usually requires just one session (for straightforward issues), it is a cost-effective solution.
Any decision made through arbitration is legally binding and has the same effect as a court order.
Agreement of all parties
The key to arbitration is that all parties to the dispute must agree to arbitrate. By doing so, they agree to be bound by the arbitrator’s decision.
Is arbitration right for your case?
Our family arbitration service is for private law children’s disputes. We cannot arbitrate matters which have significant safeguarding issues.
The arbitration process
Before the first arbitration session, our arbitrator, Sarah Evans, will identify with the parties the issues which are to be determined. She may ask for written information from each party about those issues.
The arbitration session (or sessions if it is a complex matter) is akin to a court hearing and takes place either via Microsoft Teams or in person.
Each party presents their arguments to the arbitrator. They can either represent themselves or be legally represented. If necessary, the arbitrator may hear oral evidence.
The arbitrator makes their decisions based on the relevant current law. At the conclusion of the arbitration, the parties receive a court order setting out the arbitrator’s decision, which is registered at the court and is therefore binding. There is an appeals process.
Legal professionals
If you are a legal professional and wish to refer a client to our Family Mediation Service or speak to us about a referral, please contact us.
Mediation and arbitration
Where the parties to mediation cannot agree on their issues, or can agree on some but not all issues, the parties can instruct our arbitrator to determine the outstanding issues.
The arbitrator’s powers
An arbitrator has the powers of a High Court Judge and determines the dispute in the same way a Judge would.
The Institute of Family Law Arbitrators
The Institute of Family Law Arbitrators set up the Children’s Arbitration Scheme. They also train and approve all arbitrators.