The Family Courts are beset with delay. According to the Family Court Statistics, private children’s act cases in 2023 took an average of 47 weeks to resolve from the case start date to the final order being issued. This is almost 3 weeks longer than the same period in 2022. There are similar increases in all Family Law cases, including financial proceedings on divorce. It can take between 12 and 24 months to take a case to a final hearing to resolve financial or child arrangements issues.

Family Court Statistics Quarterly: April to June 2023 – GOV.UK (www.gov.uk)

Why are there court delays?

These court delays may be due to a number of reasons, including the increase in the number of cases going through the family court system. More recently, these delays arose due to shortages of judges, not enough courtrooms for cases to be heard and an increase in the number of litigants in person. The number of litigants in person has risen significantly since 2013, when Legal Aid cuts first came into force. While it is cheaper for an individual to act for themselves without legal assistance, litigants in person generally require more court time to understand the legal processes, sometimes making unnecessary applications.

What is arbitration?

Arbitration is a form of alternative dispute resolution that one can undertake instead of going through court proceedings. The time scale for arbitration is generally less than 6 months but will depend on individual cases. Arbitration can be a big up-front cost but will, generally speaking, cost less than if one had to go through all court proceedings to finalise their financial or children’s orders.

Financial arbitration was introduced in 2012 by the Institute of Family Law Arbitrators, and arbitration relating to children’s matters was introduced in 2016. Both have their own set of rules and are governed by the Arbitration Act 1996. Some arbitrators are retired or part-time judges or leading lawyers in their field of expertise.

Scope of arbitration

The scope of family arbitration can be found in the children’s scheme rules and financial scheme rules.

Issues that may go to arbitration for the children’s scheme are things pertaining to children’s welfare, for example, child arrangements or which schools to attend; temporary or permanent relocation within the jurisdiction; or temporary or permanent relocation outside jurisdiction but within a Hague Convention country. The family scheme rules do not cover things such as child abduction, medical treatment for life-threatening or life-changing conditions or where any party lacks capacity under the Mental Capacity Act 2005.

Issues that may go to arbitration for the financial scheme are things such as financial and property disputes arising from, for example, financial provisions to be made on divorce. The financial scheme rules do not cover things such as the solvency of the parties or the parties’ relationship status.

Final outcome of arbitration

At the end of your arbitration, the arbitrator will issue either a determination (children) or an award (finances). The parties agree in advance that this decision is binding. There is an appeal process.

What are the benefits of arbitration?

  • The parties are able to choose their arbitrator and settle on one that they both agree to be suitable.
  • Arbitration is more flexible and a less formal setting than a courtroom, which can relieve stress and lead to more productive discussions between the parties.
  • The location for the arbitration will not be a Court building.
  • It is confidential, unlike Family Court proceedings.
  • It is a faster process than going through the court system, generally a less than 6-month process from start to finish.
  • It is possible to combine financial and children issues together.
  • Although the initial cost upfront may seem expensive, it is often much cheaper than going through the court system, which may include paying for multiple hearings.
  • The arbitrator gives a written decision at the end, setting out their reasons for the decision.

Family Dispute Solicitors

Gordons Partnership recommends that its clients avoid Court proceedings whenever possible. Arbitration offers an alternative way forward when parties need a third party to make a decision for them.

If you want to know more about arbitration or our services, contact us by calling 01483 451900 (Guildford office) or 020 7421 9421 (London office). Alternatively, you can email sols@gordonsols.co.uk.

About the Author

Poppy Jackson

Trainee Solicitor