Divorce is already stressful enough for everybody involved, and this doesn’t just include the two people getting a divorce. It is also a period of extreme stress for children, parents, grandparents and even friends.
At VM Family Law, we understand this, and we’re here to guide you through every step of the process in the smoothest and easiest way possible. Thanks to our depth of experience, we offer understanding whilst helping you to make the right decisions and settle the situation once and for all.
Speak to a member of our team for a free consultation up to one hour if you’re looking for help.
What is divorce arbitration?
Divorce arbitration is an alternative form of dispute resolution where a neutral third party (the arbitrator) makes the final legal decision on all divorce related matters, such as financial settlements and child arrangements.
It acts as an alternative and often quicker option than going to court, which is also much more private and flexible.
Essentially, both parties agree on an arbitrator, who is often a family lawyer. The arbitrator hears both sides of the argument and independently decides which side is awarded what; a decision which is legally binding.
Divorce arbitration solicitors
An expert arbitration solicitor guides clients through the process smoothly with the goal of ensuring a fair and effective resolution to their divorce dispute for both parties.
At VM Family Law, our experienced team will explain the positives and negatives of arbitration, as compared to traditional divorce proceedings in court, and advise as to whether they believe an arbitrator is the right option for you.
Our solicitors will help you to choose an arbitrator by considering:
- Your budget
- Personal situation
- Conflict level and;
- Priorities.
Our expert solicitors will also ensure that you fully understand the role of the arbitrator, as well as the legal process and obligations each member of the party has.
Beyond this, you’ll also need help organising the actual process, communicating with all parties and making the arbitrator aware of what issues need to be resolved, on top of establishing the time and place of hearings. VM Family Law can help with this too, our team can provide the support you need to ease your way through the process.
Who is divorce arbitration suitable for?
Divorce arbitration may be suitable for couples in the following situations:
- Those who want a private and confidential process.
- Those who need a flexible approach to resolution.
- Those wanting to avoid the stress of court proceedings.
- Those seeking a faster legally binding resolution.
- Needing to prioritise specific issues, such as child custody or division or property.
In general, arbitration is most suitable for those who want to avoid long court proceedings, and settle things as amicably as possible without taking too much time.
Do you need a solicitor for divorce arbitration?
It’s usually not mandatory to have a solicitor for arbitration, and the process can technically run smoothly without one. However, we’d definitely recommend that you do use the services of a solicitor so that you fully understand the process, and to avoid any complications.
A strong benefit of a solicitor for divorce arbitration is that they are able to accurately and definitively define your arguments and ensure that you are represented in the best possible way to the arbitrator.
This gives you the best possible chance of a desirable outcome. Our solicitors would also ensure that your interests are protected and that the whole process is fair to you.
The divorce arbitration process
Assuming you have a quality divorce arbitration lawyer, like the ones in our team at VM Family Law, the divorce arbitration process should run as follows:
- Arbitration agreement – Both parties need to agree that arbitration will be the chosen route to resolve the dispute. This will be outlined in a formal, legally binding agreement.
- Arbitrator selection – Your solicitor will help you choose the arbitrator who is entirely impartial and can be trusted to maintain the best interests and integrity of both parties. In the event that both parties cannot agree on an arbitrator, third party institutions can be employed to do so; something else which your solicitor would help to sort out.
- Arbitration hearing – Both parties have the opportunity to present their case and any supporting documents or evidence.
- Decision – After hearing and reflecting on both sides and available evidence, the arbitrator will make a final decision regarding all aspects of the case. This decision is legally binding, and can be enforced in court if one party isn’t willing to honour the decision.
How long does divorce arbitration take?
Generally, arbitration can be completed within a few weeks or months, which is considerably quicker than typical court cases. The shorter end of this timescale would be in situations where there is not too much conflict, the process runs smoothly and most importantly, both parties are in contact with a professional arbitration lawyer.
The process is likely to take a little bit longer if the divorce is particularly messy or complicated, or of course if there are no solicitors involved to smooth over the process. Remember, even in more complicated cases, arbitration is still likely to be the quicker and more simple option.
How much does arbitration cost for divorce?
Arbitration costs can vary significantly based on the rate of the arbitrator, solicitors fees, venue hire and much more. However, it’s normally still a lot cheaper than a full court hearing.
If you’d like to learn more about arbitration, or you’re looking for an arbitration solicitor, speak to us at VM Family Law.