Family courts are notoriously bogged down with delays, prompting many to explore faster alternatives like arbitration and other methods of non-court dispute resolution (NCDR) for financial and children matters.

In this article, the Financial Times highlights the many benefits of arbitration and NCDR. Our team has observed an increase in parties choosing to use these methods which are often quicker and more effective. 

Arbitration involves appointing a neutral arbitrator, often an experienced lawyer or retired judge, to make a binding decision. The process is private, keeping the press out, and typically sees parties resolving their disputes much more quickly than through court litigation. This in turn saves parties spending money on additional legal fees, borne out of the court delays. Although parties will need to factor in legal costs for their lawyers and the arbitrator, their overall fees are typically much lower when compared to a final court hearing. Plus, NCDR tends to offer a more collaborative and less adversarial approach, easing the emotional strain on families.

Whilst arbitration isn't for everyone and every case has different needs, it is a viable and positive option for many. Importantly though, arbitration and NCDR is not just for the wealthy. Forms of NCDR are accessible to all and should be considered at every stage of a case. Indeed, recent changes to the Family Procedure Rules now require all parties (regardless of their wealth) to engage meaningfully with NCDR from the outset, aiming to keep as many cases as possible away from the courtroom. 

If you would like more information about the arbitration process, or non-court dispute resolution generally, please contact a member of our family team.