Frequently Asked Questions

Here you will find answers to some of the most commonly asked questions about my services.

What is family financial arbitration?

Family financial arbitration is a private process in which an independent arbitrator makes a binding decision about financial issues arising from separation or divorce.

Is arbitration legally binding?

Yes. The parties agree in advance to be bound by the arbitrator’s decision, which is set out in a written Award.

How is arbitration different from going to court?

Arbitration allows parties to choose their decision-maker, the issues to be determined and agree a timetable suitable to their needs, often resulting in a quicker and more flexible process than court proceedings.

Do I need a solicitor?

While legal representation is not absolutely necessary, parties are strongly encouraged to obtain independent legal advice throughout the process.

Can arbitration take place remotely?

Yes. Meetings and hearings can be conducted remotely, depending on the circumstances of the case.

How long does arbitration take?

The timetable is tailor made for each case and is usually significantly quicker than waiting for court hearings.

What types of disputes can be arbitrated?

Arbitration can be used to determine a wide range of financial issues arising from separation or divorce, including the division of property, investments, pensions, business interests and ongoing financial support.

Can arbitration be used if court proceedings have already started?

Yes. The parties can ask the court to adjourn court proceedings to allow arbitration to take place instead.

What happens after the Award is made?

The arbitrator issues a written Award setting out their decision. The parties and their legal advisers can then take the necessary steps to implement the outcome.

How much does arbitration cost?

Fees depend on the nature of the case, but for a hearing lasting one day or less they start from £4,000, including all preparation and the written Award.

How are fees paid?

Unless otherwise agreed, the arbitrator’s fees are shared equally between the parties.

Can arbitration be used alongside mediation?

Yes. Arbitration can be used to resolve specific issues that arise during mediation or as part of an arbitration-mediation process.

How do I start the arbitration process?

If you wish to proceed with family financial arbitration, a preliminary discussion will usually take place first with the instructed solicitors. You will then need to complete the IFLA Form ARB1FS and nominate me as your chosen arbitrator.