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.
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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.
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.
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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.
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FAQs
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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.
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 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.
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.




