Divorce is rarely a straightforward process, but in recent years, there has been a significant shift towards alternative dispute resolution methods, with arbitration emerging as a particularly effective tool. This approach offers a range of benefits which makes it an attractive option for many couples navigating the end of their marriage. As discussed in our recent article ‘Is there such thing as an amicable divorce’ we explained how changes to Family Procedure rules have placed a greater focus on resolving matters away from the court setting, also known as Non-Court Dispute Resolution (“NCDR”).

The Growing Need for Arbitration

The family court system has long been overburdened, leading to delays that can exacerbate the emotional and financial stress of divorce. In 2024, this situation has only intensified, with courts dealing with an increasing backlog of cases. For couples seeking a quicker resolution, arbitration provides a viable alternative. It allows parties to avoid the drawn-out procedures typical of traditional litigation, ensuring that couples can reach an agreement and proceedings are solved in a timely manner.

Key Advantages of Arbitration

Speed and Efficiency: One of the most significant advantages of arbitration is the speed at which disputes can be resolved. Unlike the traditional court process, which can drag on for months or even years, arbitration can often be completed in a matter of weeks. This is particularly beneficial in divorce cases, where prolonged uncertainty can be damaging to both parties and any children involved.

Flexibility: Arbitration offers a level of flexibility that is rarely found in the court system. Couples can choose their arbitrator, someone who has the specific expertise needed to address their unique issues, whether they involve complex financial arrangements or sensitive children matters. This tailored approach allows for a more nuanced resolution that takes into account the specific circumstances of each case.

Confidentiality: For many couples, particularly those of high-net-worth or in the public eye, confidentiality often is a key concern. Unlike family court proceedings, to which members of the press can be admitted, arbitration is a private process. This means that the details of the divorce, including financial arrangements and children agreements, remain confidential. This privacy can help protect the interests of both parties and minimize the impact of the divorce on their personal and professional lives.

Control Over the Process: Arbitration allows couples to maintain a greater degree of control over the divorce process. Unlike in a courtroom, where a judge has the final say, arbitration enables both parties to play an active role in determining the outcome. They can agree on the rules that will govern the process, select an arbitrator they trust, and decide on the issues to be resolved. This can lead to a more satisfactory outcome for both parties.

Cost-Effectiveness: While arbitration does have an associated cost, it is usually much less expensive than going to court. The efficiency of the process means that legal fees and other associated costs can be significantly lower. This is particularly important in divorce cases, where financial resources are stretched thin.

The Future of Divorce Resolution

As the legal landscape continues to evolve, arbitration is likely to play an increasingly important role in divorce resolution. The benefits of speed, flexibility, confidentiality, and cost-effectiveness make it an appealing option for many couples. However, it is not suitable for every situation. Complex cases involving domestic violence, significant power imbalances between the parties or other difficult issues may require the intervention of the courts. Arbitration must also be agreed upon by all parties.

In 2024, more legal professionals are recognising the value of arbitration and are encouraging their clients to consider this option. For couples who want a swift and cost effective outcome, arbitration offers a way to resolve their differences with dignity and respect, without the adversarial nature of traditional litigation.

Our Arbitration Specialists

Our in-house arbitrator, Fiona Apthorpe, is also a practising Deputy District Judge. Find out more about Fiona from her profile below.

Conclusion

Divorce is a challenging and often stressful process, but for couples who wish to resolve their issues quickly and amicably, Arbitration provides a way to navigate it with less conflict and more control. As more couples and legal professionals turn to this method, it is likely to become an even more common feature of the divorce landscape. For those seeking a quicker, more confidential, and cost-effective resolution, arbitration may be the ideal solution. If you require any assistance with arbitration or other legal advice highlighted in this article, please contact the Geldards Family Law team