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The Benefits of Arbitration

July 21, 2014  |   Posted by :   |   Blog

If you’re looking for a swift, flexible and confidential divorce process, then arbitration may be a good option for you. Arbitration allows you to separate and resolve financial or property disputes without the need to go to court, and is suitable for divorce or the dissolution of a civil partnership. This alternative method of dispute resolution has several benefits for couples who may need help in coming to a decision, and who are willing to work cooperatively with their partner to find a positive outcome.

What is arbitration?

An arbitrator is a specially trained family lawyer accredited by the Institute of Family Law Arbitrators who is fully qualified to provide an objective, binding decision for separating couples. When you appoint an arbitrator you will have a choice in who will adjudicate your case, giving you the reassurance of consistency throughout the whole process. Arbitration is closer to the process of a court divorce than other alternative methods of separation, such as mediation or collaborative family law, while still offering an accommodating and private resolution.  You can ask your solicitor about using arbitration as an alternative to going to court, or if you decide you don’t want to be represented by lawyers you can approach an arbitrator directly. Here are the main benefits of the arbitration process:

Speed: Arbitration allows you to set the timetable for your case, helping to speed up your separation. Because you are not waiting around for court dates or court-related paperwork, the process of arbitration can be much quicker, especially if your case is fairly straightforward.

Flexibility: It’s up to you to set down the scope of your arbitration – for example: you may only need help resolving a single issue, or you might want your arbitrator to make a decision regarding your entire case. Depending on your arbitrator’s schedule, you can also choose when and where you meet for appointments.

Money-saving: Arbitration often helps couples to save on the cost of separation since the process is more streamlined than a court divorce, and can be limited to particular issues. And, providing all your disputes can be resolved through the arbitration process, there will be no additional court fees to pay.

Confidentiality: The process of arbitration is confidential by its very nature – your relationship issues are discussed between you, your ex, and your arbitrator, ensuring that any personal disputes remain private. Some arbitrators are also trained as mediators, and may be able to offer mediation alongside your case, helping to ease you both through the process and bring about a positive resolution. Both arbitration and mediation require a certain level of co-operation but can promise to keep your separation out of court.

Arbitration offers an efficient method of resolving conflict when a couple decides to separate, reducing the stresses and costs of going to court, as well as offering a productive way of going your separate ways.

For more information on arbitration, mediation, and other out-of-court separation processes, please get in touch with our family law team at Frances Lindsay & Co for friendly advice and guidance. You can also find out more about arbitration at the Institute of Family Law Arbitrators.

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The Law Society Family Law Accredited

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Resolution: first for family law

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Resolution collaborative family lawyer

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Law Society Lexcel practice management standard