If you’re unfamiliar with the concept of arbitration, you may be pleased to discover this relatively new method of resolving family disputes offers you a direct and workable alternative to advancing proceedings into the courtroom or by other more traditional means. Providing a typically quick and efficient resolution to family law issues, it can provide a positive solution to many domestic disputes.
What is arbitration?
Entered into Scots law in 2010, in accordance with the Arbitration (Scotland) Act, the purpose of arbitration is to offer affected parties a direct alternative to court proceedings. Giving individuals the chance to refer the resolution of their issue to an accredited ‘arbitrator’, it means you can have your case reviewed by an expert without the need for a time-consuming litigation process.
This arbitrator will typically be either an experienced family law solicitor, or Advocate. Entirely confidential, and quicker than the alternative, arbitration will nonetheless result in a legally binding decision, one that has been impartially decided and is as fair as possible to all involved.co
How does arbitration work?
When a client chooses to pursue arbitration as opposed to litigation, our team will respond to this by jointly referring the case to a solicitor or Advocate mutually selected by both ourselves and the solicitor representing the opposing party.
It will be down to the appointed arbitrator to rule on the issue, and their decision will be made taking all of the facts available into account. The resolution reached will typically be shared with the parties much more quickly than a court ruling on the same case, but will nonetheless be legally binding.
Issues that may be ruled upon during an arbitration process include:
- Where a child should reside
- How much contact a parent should have with a child
- Whether a parent should be allowed to relocate with their child to another country
- How matrimonial property should be divided
- How ongoing support for an ex-spouse should be calculated
What are the advantages of arbitration?
There are a number of factors that may influence a disputing parties’ decision to pursue arbitration as opposed to litigation.
- A speedy resolution to ongoing family law issues
- A private process, with no public report of proceedings
- A binding decision
Together, this can make the process of arbitration far less costly, inflammatory, and time-consuming than the alternatives.
How much does arbitration cost?
Although it’s impossible to offer an exact figure to those considering arbitration, it will often be more economical than alternatives like litigation.
A more precise estimate can be provided upon discussion with our team, who will be able to consider your specific situation and outline the possible costs you’re looking at. Our Family Law team practices from our offices in Glasgow, Edinburgh, Bathgate, Dalkeith and Musselburgh. Contact them today to find out more about arbitration.