Arbitration is a form of dispute resolution and an alternative to litigation. It allows two or more parties to have their legal issues heard by a qualified lawyer who, at the end of the process, will make a determination or a financial award in one party’s favour.
Choosing an arbitrator.
Arbitrators are practicing lawyers who are accredited to and available to book via the Institute of Family Law Arbitrators database. It is strongly recommended that all parties agree which arbitrator to engage prior to beginning the process as this strengthens trust in the outcome and minimises the likelihood of further disputes.
What types of dispute is arbitration appropriate for?
Arbitration can be used to agree on child custody matters, to challenge lease provisions on a property, and even for large organisations who believe they have uncovered legal issues within their contracts. Though it is not necessary to select a London law firm to proceed with arbitration, family law firms such as https://www.forsters.co.uk are well versed in this process.
Why opt for arbitration over litigation?
Litigation is a time-consuming and expensive process. It is intensely regulated and there is a risk that sensitive discussions may be exposed during a trial. Complex cases may remain in court for a prolonged duration, particularly if there are appeals and reviews, all of which increase frustrations and delay a satisfactory resolution.
On the other hand, arbitration takes place in private and the judgement is final. Appeals can only be made in extremis so all parties should be prepared for any outcome when they enter into arbitration.