Family Law Arbitration
Get a swift, binding resolution to family disputes with family law arbitration. Avoid court and secure a fair outcome.
A faster, more flexible way to resolve family disputes.
If you’re looking for a quicker, more private way to resolve family disputes – especially around finances – arbitration could be the ideal solution.
It’s an effective alternative to court, offering the same legally binding outcome without the stress, delays, or public exposure.
With arbitration, you stay in control, allowing you to tailor the process to fit your needs.
What is arbitration in family law?
Arbitration allows both parties to appoint an independent arbitrator, similar to a judge, to settle disputes.
The benefits
You get to choose an arbitrator who best understands your case, and they’ll work with you to reach a binding decision. This is particularly useful in cases involving financial settlements, property division or other complex issues.
Once you and the other party agree to arbitration, you’ll both instruct the arbitrator to hear your case. After reviewing all the evidence and arguments, they’ll make a legally binding decision on how assets should be divided.
The outcome is the same as if a judge had made the decision – but with far more flexibility and control.
How arbitration works.
When you opt for arbitration, you and the other party first select a trained arbitrator who has the right expertise for your specific case. Once chosen, the process is straightforward: both parties present their evidence, and the arbitrator, together with their legal team, will make a binding decision.
One of the key benefits of arbitration is that it’s quicker and more focused than court proceedings.
You’re not bound by the court’s schedule, meaning you can resolve matters on a timetable that works for you.
Why choose arbitration?
- Arbitration can be much faster than going through the courts. You set the pace, so there’s no waiting months – or even years – for a court date.
- You can choose an arbitrator with specific experience in family law, ensuring they understand your unique situation. Plus, you get to decide when and where the process takes place.
- Unlike court, arbitration happens behind closed doors, often in a barristers’ chambers rather than in a busy court waiting room; meaning your personal matters stay private.
- While you do need to pay for the arbitrator’s time, the overall process is typically more efficient than court, often saving you money in the long run.
- The arbitrator’s decision is final and binding, just like a court order. This gives you the certainty and closure you need.
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Is arbitration the right choice for you?
Arbitration is ideal if you want to resolve financial disputes quickly and privately, without the drawn-out stress of court proceedings.
It’s particularly suited to those who need an expert decision-maker to step in when negotiations or mediation haven’t been successful.
If you value privacy, flexibility, and control over the process, arbitration is a strong alternative to court.
Our approach
At Thomas Mansfield, we understand that every family’s situation is unique. We offer expert advice tailored to your particular needs and requirements.
We will act quickly and sensitively for you and carefully consider with you your settlement options at the outset. We will recommend the right negotiation process for you whether that involves issuing proceedings or offering alternative out of court solutions.
Our experienced team of family law specialists are here to support you through the process and we pride ourselves on excellent client care and personal contact with our clients. We will do our utmost to take as much stress as possible out of the process for you.
With offices across London and the South East, we’re conveniently placed to help you wherever you are.
Whether you’re dealing with financial settlements, property division or any other family law issues, we’ll ensure you get the right support from start to finish.
Frequently asked questions
What is the best way of preparing for arbitration, collaborative law or mediation sessions?
Preparation makes a big difference. Gather the key documents - especially anything financial - and think carefully about what you want to achieve. It also helps to be open to compromise and keep conversations respectful, even when emotions are running high. Speaking to your solicitor beforehand can clarify your legal position and give you a clear strategy, so you walk into the session feeling confident and ready.Speaking to your solicitor beforehand can clarify your legal position and give you a clear strategy, so you walk into the session feeling confident and ready.
What happens if one party doesn’t comply with an out of court decision?
It depends on the process. Agreements reached in family mediation or collaborative law aren’t legally binding unless they’re turned into a consent order approved by the court. Once that happens, the court can enforce the terms if someone doesn’t comply.Arbitration is different: the arbitrator’s decision is legally binding from the outset and enforceable like a court judgment. If one side ignores it, legal action can be taken - sometimes with financial penalties. Your family arbitration solicitor can explain your options if this becomes an issue.
How can arbitration help with divorce or separation?
Arbitration is a private way of resolving disputes. You and your partner appoint an arbitrator, who acts much like a judge, to make a decision on finances or child arrangements. It’s often faster and more flexible than going through the courts, and it avoids the delays - and publicity - that court cases can involve.For many couples, arbitration provides a clear outcome in a quicker, more discreet setting.
What is collaborative law in divorce proceedings?
Collaborative law means both you and your partner - and your solicitors - commit to resolving everything outside court. You’ll attend a series of face-to-face meetings, working together to agree on finances, property, and child arrangements.A key feature is that if the process breaks down, the solicitors involved can’t go on to represent you in court. That rule helps keep everyone focused on reaching an agreement.
Can a divorcing couple use the same solicitor?
Yes. Increasingly, couples are choosing the ‘one couple, one lawyer’ approach. This works best when both partners are broadly in agreement and want an amicable process. The solicitor provides neutral guidance and helps ensure everything is handled fairly. If major disagreements arise, though, separate legal advice may still be needed.
Can out of court approaches be used to address child arrangements & support?
Absolutely. Mediation, arbitration, and collaborative law can all be used to decide where children live, how much time they spend with each parent and the financial support they receive. These processes give parents more control, encourage cooperation and focus on the child’s best interests - often producing more practical solutions than a court might impose.
Are agreements reached through arbitration, mediation, and collaborative law legally binding?
Arbitration awards are legally binding straight away. Mediation and collaborative law agreements only become binding once they’re formalised in a court-approved consent order. Your solicitor can make sure this step is taken so there’s certainty and enforceability going forward.
How does mediation work in divorce or separation cases?
Mediation involves sitting down with a trained mediator, who helps you and your partner talk through issues like money, property and arrangements for your children. The mediator doesn’t take sides but helps keep discussions focused and constructive.Mediation is usually quicker, less stressful and less costly than going to court. Any agreement you reach can later be made legally binding through a consent order.
Contact us
Arrange a confidential chat with one of our expert family law solicitors today.
Please note we cannot offer legal aid.