Family & children arbitration
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At Moore Barlow, we understand that disputes involving children can be emotionally draining and complex. That’s why we offer child and family arbitration as a way to resolve issues outside of court.
If the relationship between parents or those with parental responsibility breaks down and there decisions need to made about things like where a child lives, who they spend time with and where they go to school, this can sometimes cause disagreements that mean the family can’t begin to move forward with their lives until there is resolution.
Using a mediation service or other NCDR alternatives can help families to work out these issues; but, if not, it might be the case that arbitration is used as the forum to resolve the problems.
What is child arbitration?
If you can’t sort things out in mediation or using the collaborative process but you still want to avoid the traditional court process, arbitration may be the right option for you. It involves instructing an arbitrator who is a very experienced family lawyer, barrister or retired judge who acts as a private judge to make a binding decision on the matters you can’t agree on.
How can Moore Barlow help you during the arbitration process?
Arbitration is essentially a private court process, and one or more hearings will take place in front of your chosen arbitrator. Our team will help prepare you for the hearing whether that is a paper hearing, based on written submissions, or an oral hearing where you give your evidence. We can prepare written statements with you and guide you through the process of giving your evidence.
We will ensure you have the right representation at the hearing, being either your solicitor in the team or a specialist barrister to support and guide you each step of the way.
About the child and family arbitration process
The benefit of using arbitration for family disputes involving children is that this route is designed to obtain a prompt decision, in a cost-effective way, which can make a big difference to everyone involved.
Arbitration is a confidential process (judgements are not reported on) and can be carried out at times and in a location that is suited to the parties involved, rather than being limited to the schedule and venues operated by the Courts. Arbitration gives all parties involved a level of autonomy in the process adopted, the issues decided upon and who is appointed as the arbitrator to make the final decision. For these reasons, arbitration is seen as a helpful option for many families who want to get the child-related disputes settled as quickly and effectively as possible.
Child arbitration can be used to determine issues such as child arrangements including who the children shall live with and spend time with (known previously as residence and contact arrangements), holiday arrangements, where the children go to school, whether they should undergo certain medical treatments and can also determine issues around children leaving the country to holiday abroad or permanently moving to specified countries and jurisdictions.
Arbitration can be carried out either by way of hearings or on paper (i.e. by filing certain documentation rather than meeting in person) or a combination of the two. Each parent has to agree before the process can begin and everyone has to agree to abide by the final decision. Therefore there are very few grounds to appeal afterwards.
The arbitrator will usually suggest an initial meeting at the start of the process, to discuss the specific issues and the scope of the arbitration process. Once this has been determined and all parties agree to the terms and conditions of the arbitrator, the process can commence.
If appropriate, the arbitrator can ask the parties involved to instruct an independent social worker to find out the wishes and feelings of the child and children, to ensure that their voice is part of the process.
There may be several hearings if experts are required to provide reports or evidence, and each party will present their own evidence. Once all of the evidence has been heard, the arbitrator will make their binding decision on the case.
Our team of family law solicitors
What issues can be dealt with in arbitration?
Matters including who your children should live and spend time with and what school they should go to are examples of the issues an arbitrator can decide for you. Arbitration can also address any financial matter you are not able agree on following your relationship breakdown.
What if there is a small issue we can’t sort out?
Arbitrators can make decisions on the whole case as well as on discreet issues such as what experts need to be involved or how much maintenance should be paid to you/by you on behalf of your child.
Why is arbitration preferable to court?
Courts are oversubscribed and underfunded. Consequently, there are huge delays and court dates are often cancelled at the last-minute incurring huge expense.
Sometimes the judges do not have sufficient preparation time and may not know very much about your case. The judge will often have a number of cases on the same day as yours. It may feel rushed and unsatisfactory. An arbitrator, as your private judge, will make time to read everything you or your legal team provide, and will be available to you without distraction. You will have time to say what you want and to be heard. Arbitration is confidential, the media cannot attend, and the cases are not reported.
Where does it take place?
There is some flexibility around this. It will not take place at a court. It can be at a lawyer’s office or barrister’s office which is far more comfortable than court surroundings and private. Sometimes an arbitrator can give you a decision in writing without requiring you to be present at all. It is also possible for arbitration to take place online. The venue and times can be flexible to accommodate you and your family.
About arbitrators
Arbitrators tend to be highly experienced and specially trained legal professionals, such as family barristers or solicitors. They need to undergo specialist child and family arbitration training to become qualified as an arbitrator.
The parties all need to agree on the individual arbitrator for their case before the process can commence or an arbitrator can be appointed for you.
Child and family arbitration costs
A major benefit of arbitration is that it can be more cost effective in comparison to taking the dispute to court. It is necessary to pay the arbitrator, but the comparative speed of the process and the ability to streamline it to meet your specific circumstances means that the issues can often be resolved in a way that minimises the costs.
As every case is different, the costs incurred will vary. For example, some cases may include an expert (such as an independent social worker) which will be an additional cost.
Contact our team for more information and we can provide a clearer estimate of costs once we have properly assessed your case. Call us on 023 8071 8000 to speak to our child and family arbitration team.
Are all family disputes suitable for arbitration?
Not every kind of family dispute involving a child will be suitable for family law arbitration in the UK. Our team can give guidance and advice upon which matters are suitable.
If there are issues related to child abduction by one of the parties for example, the case will not be suitable for arbitration.
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Frequently asked questions
What is family arbitration?
Family arbitration is a process in which a neutral third party, known as an arbitrator, is appointed to resolve disputes within a family, such as child custody or financial matters, instead of going to court. The arbitrator’s decision is legally binding and provides a quicker and less formal alternative to traditional court proceedings.
What is the use of arbitration in family law?
Arbitration is used in family law to resolve disputes outside of the court system. It provides a more private and informal alternative to litigation, allowing parties to have more control over the decision-making process. It can be used to settle issues such as child custody, visitation rights, and property division.
How does family arbitration work?
Family arbitration is a process in which a neutral third party, known as an arbitrator, helps resolve disputes within a family. The arbitrator listens to both sides, reviews evidence, and makes a binding decision. This decision is legally enforceable and avoids the need for court intervention.
Should arbitration be used in family law?
Yes, arbitration can be a viable alternative to court litigation in family law cases as it allows parties to resolve their disputes in a more private and efficient manner. It can help facilitate a fair resolution, while also reducing the emotional and financial costs associated with traditional court proceedings.
How long does family arbitration take?
The duration of family arbitration can vary depending on the complexity of the case and the willingness of the parties to reach an agreement. It can range from a few months to several years.
Are the decisions made in family and children arbitration legally binding?
Yes, the decisions made in family and children arbitration are legally binding.
About the Moore Barlow family team
We are experts in family and divorce law, providing sensitive, empathetic and experienced advice upon the breakdown of relationships and child related matters.
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