Arbitration Solicitors

Arbitration is a formal method of dispute resolution that is an alternative to court proceedings, which involves a third-party neutral (the arbitrator) who makes a binding decision on matters relating to finances or children.

At David Gray, our team of arbitration solicitors have many years of experience providing arbitration services and working with clients through the arbitration process to avoid court proceedings and resolve disputes outside of the traditional court system, including family court. Through using an arbitration solicitor, partners and spouses who have decided to end their marriage, civil partnership or relationship will get a final decision on moving forward with finances and children more quickly than going to court.

What is Arbitration?

Arbitration is used to make a decision on a financial or child-related dispute by an arbitrator. Arbitration awards are legally binding.

If you and your spouse or partner are separating and you are struggling to make mutual decisions on financial and/or child-related matters, and you don’t want to take your case to court, family arbitration may be a suitable solution for you. At David Gray, our arbitration solicitors are here to support you through arbitration.

What is Family Arbitration?

Arbitration is a growing area of dispute resolution within Family Law. The original Family Arbitration Scheme launched in 2012, but it is now referred to as the Family Law Arbitration Financial Scheme and the Family Law Arbitration Children Scheme, which was launched in 2016.

Family Arbitration is a form of private dispute resolution, used to resolve family financial and child-related disputes, as an alternative to traditional court proceedings. Essentially, arbitration is a private court where both parties must agree to arbitrate before progressing, and legally binding decisions will be made. Since arbitration is an alternative dispute resolution to going through the public court system, the details of any disputes and the decision remain confidential.

The process is voluntary, but both parties must agree to participate, and you can choose the arbitrator you use. At David Gray, we have two qualified Arbitrators on our team, both of whom are members of the Chartered Institute of Arbitrators. Elspeth Thomson is an expert on children’s issues and children’s law, whilst Lucy Mead is a financial issues specialist.

Family Arbitration Solicitors at David Gray

At David Gray, our team of arbitration solicitors  possess extensive experience in handling arbitration cases and can resolve disputes including:

• Financial Matters – property, pensions, maintenance and financial provision for children with the Financial Scheme.
• Children Matters – childcare arrangements, where they should live, frequency and length of contact and general upbringing decisions with the Children Scheme.

The Financial Scheme

The Financial Scheme is a form of arbitration that can be used to settle financial disputes between married and unmarried couples. The scheme can be used for the following:

• Marriage and its breakdown
• Civil partnership and Its breakdown
• Financial provision for children
• Cohabitation breakdown

The Children Scheme

Arbitration regarding children was launched in 2016 to give parties the option of reaching an outcome in a children dispute without the expense and time associated with court proceedings. Disputes regarding children can be distressing for parents and the child themselves, so it is crucial that this type of arbitration is carried out appropriately and as quickly as possible.

Outcomes can be reached on issues such as child arrangements, contact arrangements, holiday contact, education provisions, and permanent relocation.

Unfortunately,  our arbitration solicitors cannot help with significant safeguarding issues, including child protection, or child abduction.

Benefits of Family Arbitration

There are several benefits of choosing family arbitration to resolve financial or child-related issues as a result of the breakdown of a marriage or relationship, and working with a specialist arbitration solicitor can make the process run smoothly.

These benefits include:

• Speed and efficiency: arbitration is significantly faster than court proceedings, with some disputes potentially resolved within weeks of the first arbitrator’s appointment. This is particularly beneficial in situations where a quick resolution is needed.
• Flexibility and control: the involved parties have more control over the arbitration process than they would court proceedings, since they can choose the arbitrator, venue and the specific issues to be addressed and resolved.
• Confidentiality: unlike going to court, arbitration is a private process, meaning the involved parties can keep details of their case and the ultimate decision private.
• Cost-effectiveness: whilst arbitrator fees must be paid, these can be considerably less than paying for prolonged court battles, which come with multiple hearings and legal fees.
• Certainty: the involved parties can be certain of receiving a final and binding decision, known as an award in financial cases and a determination in cases involving children, meaning a clear and definitive resolution to the dispute is reached. This means both parties, and any children, can move forward appropriately.

As the court system becomes increasingly overused, it is often quicker to reach a resolution through the process of arbitration. You will receive a decision from the arbitrator, instead of receiving a judgment like you would from a Judge in court. It is possible that the outcome may still be subject to court approval, but choosing arbitration removes the lengthy process that a full court judgment requires.

You can choose your arbitrator and hold private hearings at a location of your choice, at a convenient date and time for both parties. At David Gray, we have comfortable offices for use for your arbitration sessions based in Newcastle upon Tyne and South Shields.

If you are considering family arbitration to resolve financial disputes or children-related issues, David Gray’s team of arbitration solicitors are here to support you and provide the guidance you require throughout arbitration proceedings. We can offer any information you may need to decide if arbitration is right for your specific circumstance.

Contact Us

For more background information, this leaflet from the Forum of Family Arbitrators, may be useful.

Should you have any further queries or if you wish to make an appointment with one of our arbitration solicitors at David Gray, please contact Louise Law on 0191 232 9547 or via email Louise.Law@davidgray.co.uk. Alternatively, you can contact us by completing our online contact form.