Family arbitration solicitors

In family arbitration, you and your former partner appoint a specialist family arbitrator to decide your dispute, and agree in advance to be bound by the decision. It works like a private court, but you choose the arbitrator, the timetable and which issues are decided. Rushton Family Law advises on whether arbitration is right for your case and represents you throughout.

Arbitration at a glance

  • In arbitration, a specialist family arbitrator you both choose decides your dispute, and the decision is binding.
  • It can be used for all or part of a financial dispute, and for many disputes about children.
  • You choose the arbitrator, the timetable and which issues are decided.
  • The process is confidential, and some cases are decided on the papers alone.
  • An award can only be challenged on very limited grounds.


Book my free consultation

Specialist Divorce and Family Lawyers

Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.

Contact us

When it really matters


Getting advice on arbitration

We start by understanding what is in dispute and how far apart you are. That means which issues need a decision, how complex the finances or arrangements are, and whether you need a binding decision quickly. Where arbitration is suitable, we advise on choosing an arbitrator with the right expertise for your case.

From there, we will set out how the process will run and what preparation is needed.

How family arbitration works

You and your former partner sign an agreement to arbitrate, setting out the issues the arbitrator will decide. The arbitrator then sets a timetable for disclosure, evidence and a hearing, tailored to your case. Some arbitrations are decided entirely on the papers, without a hearing. At the end, the arbitrator gives a written decision, which is binding on you both.

Financial arbitration

Arbitration can be used for all or part of a financial dispute on divorce or separation. That might mean the whole settlement, or a single issue such as the value of a business, the treatment of a pension, or how the proceeds of a property sale are divided. Once the arbitrator’s award is made, we draft it into a consent order for the court to approve. [Link: Financial settlements]

Children arbitration

Many disputes about children can also be arbitrated, such as where a child will live, how they spend time with each parent, or which school they attend. Some issues, including taking a child to live abroad, fall outside the scheme and must be decided by a court. [Link: Children]

Why choose arbitration

Compared with court proceedings, arbitration offers:

  • Speed. A decision on your timetable, rather than the court’s.
  • Expertise. An arbitrator with specialist experience of the issues in your case.
  • Consistency. The same arbitrator throughout, rather than different judges at different hearings.
  • Privacy. The process is confidential.
  • Flexibility. You can resolve one issue and agree the rest.

The arbitrator’s fees are shared between you, but a quicker, more focused process can reduce the overall cost of the case.


Challenging an arbitration award

Arbitration awards can only be challenged on very limited grounds, so it is important to be confident that arbitration is right before agreeing to it. We will advise you on this from the outset.


When court is necessary

Non-court options aren’t suitable in every case, particularly where there are concerns about domestic abuse, where one side won’t engage or disclose their finances, or where urgent orders are needed. In those situations, we will advise you on applying to court and act for you through the proceedings.


Our Team

Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.

Amie Pine

Partner - Divorce & Family

Emma Shortland

Associate

Ella Perry

Assistant Solicitor

Samantha Patel

Legal Support Assistant

Reviews and testimonials

Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead

The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.

Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!

I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.

From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.

Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.

Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.

Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.

Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.

She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.

Nicola and the team are the best support you could ask for at the most difficult of times.

As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.

I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.

FAQs

Is everything split 50/50?

Donec turpis odio felis posuere. Mauris ipsum magna id at. Dignissim euismod nunc cursus sit est netus tempus malesuada. Adipiscing massa cursus massa sem vel. Ultrices rhoncus suscipit risus cursus aliquam tristique. Arcu scelerisque sed ipsum fringilla ultrices.

Arcu scelerisque sed ipsum fringilla ultrices. Tellus eu convallis tempus volutpat. Consequat dolor cras pellentesque eget lacus nulla in dui. Mattis et ipsum facilisi purus id duis adipiscing nisi dui. Arcu scelerisque sed ipsum fringilla ultrices. Tellus eu convallis tempus volutpat. Consequat dolor cras pellentesque eget lacus nulla in dui. Mattis et ipsum facilisi purus id duis adipiscing nisi dui.

Find out more here

What is the difference between mediation, arbitration and collaborative law?

In mediation, a neutral mediator helps you reach your own agreement. In arbitration, an arbitrator you both choose makes a binding decision. In collaborative law, you each have a lawyer and all four of you meet to agree terms, committing not to go to court.

Is a family arbitration decision binding?

Yes. You both agree in advance to be bound by the arbitrator’s decision, and it is then turned into a court order. It can only be challenged on very limited grounds.

How much does arbitration cost?

You share the arbitrator’s fees, which are agreed in advance and depend on the complexity of the case and whether there is a hearing. Although this is an extra cost compared with court, a quicker and more focused process can reduce the overall cost of the case. We will give you a clear estimate before you commit.

How long does arbitration take?

It depends on the issues and how quickly disclosure and evidence can be prepared, but arbitration is usually much faster than court proceedings. The timetable is set to suit your case rather than the court’s list, and a single issue can often be decided quickly.

How do we choose an arbitrator?

You and your former partner agree on the arbitrator together. Family arbitrators are specially trained, and many are experienced family barristers, solicitors or retired judges. We will advise you on choosing one with the right expertise for the issues in your case.

Can arbitration be used for disputes about children?

Yes. Many disputes about children can be arbitrated, such as where a child will live, how they spend time with each parent, or which school they attend. Some issues, such as taking a child to live abroad, must still be decided by a court.

Can I challenge an arbitration award?

Only on very limited grounds, such as a serious irregularity in the process or a clear error of law, and strict time limits apply. Because a challenge is difficult, it is important to be confident that arbitration is right for your case before agreeing to it.

How we work

An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.

Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.

A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.

Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.

Book a consultation

Request a confidential call

Please share a few details about your circumstances and one of our specialist family lawyers will contact you at a convenient time. If a telephone call is not suitable, please let us know your preferred method of contact.

Get in touch