Family Arbitration 

 

What is Family Arbitration?

Family Arbitration is a form of formal dispute resolution. The parties enter into an agreement under which they appoint a suitably qualified person (an arbitrator) to adjudicate their dispute and make an award.

The key elements of family arbitration are:

  1. the decision of an arbitrator is binding upon the parties in the same way as a court order (subject to ratification). This provides the parties with certainty of outcome.
  2. there are limited grounds of appeal;
  3. an arbitration award does not oust the jurisdiction of the court. The court retains the power to ratify the arbitration award and therefore the award still needs to fall within the parameters of section 25 of the Matrimonial Causes Act 1973 or Schedule 5, Part 5 of the Civil Partnership Act 2004.

Benefits of arbitration

Key benefits of arbitration are:

  1. the parties choose their arbitrator from the family arbitration panel;
  2. the same arbitrator will usually deal with the case from the beginning until its conclusion;
  3. the parties have more autonomy than they would in court proceedings and arbitration allows for flexibility, including whether the entirety of the case or just a discrete issue is to be decided by an arbitrator;
  4. the parties can be more creative in arbitration as to the process and timetable. The parties can agree for issues to be dealt with on written or oral evidence;
  5. confidentiality is guaranteed within arbitration, which can be of particular importance in high-profile cases; and
  6. the arbitration process can be extremely informal, if that is what the parties wish.

What cases are suitable for arbitration?

The following types of family cases can be dealt with within Arbitration:

  • financial remedy proceedings;
  • financial proceedings after an overseas divorce;
  • Schedule 1 Children Act proceedings;
  • Cohabitee property disputes under the Trusts of Land And Appointment of Trustees Act 1996 (TOLATA);
  • any issue between parents or other persons holding parental responsibility or with a sufficient interest in a child’s present or future welfare;
  • a dispute surrounding where a child should live, including shared living arrangements;
  • issues regarding the time a child spends with each parent, including holiday arrangements;
  • disputes concerning education;
  • disputes concerning routine and non-life threatening medical treatment; and
  • with effect from March 2020, an application to remove a child from England and Wales, whether permanently or for a temporary period (eg for a holiday) to another country.

Our role in arbitration

When we are appointed as solicitors to represent a client through the arbitration process, our role includes:

  • explaining how the arbitration process will work;
  • assisting with the selection of an arbitrator;
  • determining the issues in dispute and considering the appropriate procedure;
  • advise outside of the arbitration process and/or represent clients within arbitration;
  • advise on appropriate directions to be made within arbitration;
  • collate evidence on behalf of the client;
  • draft statements and submissions;
  • attend conferences and arbitration hearings;
  • consider whether representation by a barrister is required; and
  • explain the outcome of the case i.e. the award given by the arbitrator

 

For more information about arbitration or to appoint one of our specialist family solicitors to represent you, please contact us on 0113 322 9222 or enquiries@consilialegal.co.uk

Contact Laura

    What Our Clients Say About Our Family Law Services

    Laura Clapton has been brilliant and very professional through the Mediation process. I highly recommend her.

    Jen Huggett

    Absolutely five star service from Laura Clapton and her team, always kept informed of progress, and Laura was always available on the end of the phone to answer any questions. Highly recommended, thank you Consilia Legal.

    Jane C

    Professional and personal. Vicky was very caring and listened to my issue, advice was clear and easy to understand. Vicky ensured my mind was at ease and I knew my options. Excellent service. Sarah really knows the family sector, she puts you at ease instantly and ensures you are aware of all the options. Would definitely recommend this service. Thank you for your help.

    Catherine White

    Vicky guided me through the legal context of an employment and was very efficent, approachable and supportive. I would highly recommend this company and Vicky to others who need legal support and advice. Many thanks.

    Maureen Sheridan

    Had a great experience working with Victoria. Felt completely comfortable asking all kinds of questions and she always explained them really well.

    Julia Mariani

    I often get clients asking if I can assist with employment and family matters. As this is not my area of specialism I am conscious to help assist by passing them onto a trusted source who will look after the client in the best manner possible and with the same approach and ethos as myself. For employment and family matters I recommend to Consilia Legal as they contact the client promptly and provide practical no nonsense advice at a great value. I have no hesitation in recommending their services and will continue to direct my clients to them for this type of legal advice.

    John Bailes

    What our clients say about Consilia Legal on

    • Honest , sensible and efficient advice given over telephone . Very impressed . Would recommend

      alison purdy
      4/26/2020

      Consilia Legal was recommended by a friend. Victoria provided excellent guidance in a timely manner. Would definitely recommend.

      Alison Metcalfe
      4/06/2020
    • I emailed Sarah at Consilia and received a very quick response.
      Sarah agreed to call me the following day and called me at the agreed time so no waiting for the call!
      Sarah was fantastic, she offered great advice and left me feeling alot more positive and informed on my situation.
      I cannot recommend highly enough, professional and caring and highly informative.
      Thank you

      kate Fricker
      3/26/2020

      Great service provided by Andy from initial contact all the way through to completion. Very helpful and knowledgeable and helped to get everything sorted out quickly. I would highly recommend.

      liam miller
      3/06/2020
    • Andy Boyde made the process straight forward and easy (Redundancy contract). I found him very knowledgable and was able to answer all my questions with ease. I would recommend the firm for employment matter.

      Mark Timmons
      2/26/2020

      I was delighted with the advice and help Andy gave me. He was extremely helpful in a very stressful time and I would highly recommend anyone looking for legal advice - FIRST CLASS !!

      Nick Hall
      1/09/2020
    • I would like to say a big thank you to Emma Cartlidge Employment Solicitor. She was extremely professional, friendly and polite and very thorough in her work. Emma helped me with my matter making sure to stay in touch and keep me fully informed at all stages. The service from Consillia Legal has been amazing. Everyone I have spoken to has been super friendly and so helpful including Matt on Reception and Victoria who I spoke to for initial advice. This is definitely a 5-star rated law firm and I would not hesitate to recommend Emma and her colleagues. A big thank you !

      RAVINDER Heer
      1/09/2020

      Marie Walsh is undoubtedly the best employment solicitor in Leeds, if not the whole of Yorkshire. I always knew this from her great reputation and she recently assisted me with a very complex and difficult matter. Marie handled the situation with a pragmatic approach and endless patience. I cannot recommend her enough - she is an absolute superstar! I also dealt with Andy Boyde in her absence who was extremely professional and great to deal with.

      Bin Sparkes
      1/05/2020
    • Andy Boyle provided a very friendly, good and fast customer service. I would recommend using this practice.

      Reiss Malone
      1/02/2020

      I could not have asked any more from Andy. He was really friendly and helped me through a very difficult time. He did not waist time, both to make sure we resolved the matter quickly but also to keep cost to a minimum. I’m extremely happy with his services.

      Tatiana Sebastiao
      12/24/2019
    • I had to get a Solicitor a pretty short notice, and Andy was able to see me the same day. He made me feel very at ease and explained everything to me so I could understand it better. I would highly recommend Consilia to everyone
      Thank you again Andy for your fantastic advice and support

      Kelly Rawson
      12/18/2019

      I received clear, straightforward advice from Andy Boyde. I always felt that Andy was acting in my best interest. When I met him, Andy's approach was approachable and relaxed but still very professional.

      Martin Curran
      11/09/2019
    • Consilia provided a great service during a difficult period when I was made redundant. Vicky showed great professionalism and expert knowledge in addition to genuinely caring about resolving my situation. I would highly recommend them.

      Phil Sugden
      11/06/2019

      Andy from Consilia Legal was fabulous in providing support and advise in what was a very difficult period in my working life. We managed to get a fair deal for my settlement and all with in a short space of time. Once again thank you Andy

      Richard Pickles
      10/31/2019
    • Laura and the team have been an incredible help in my divorce. Through a very difficult time they have always been on hand to offer exceptional advice and assistance. I have always felt reassured by their professionalism and care. Thank You.

      tim capper
      10/23/2019

      Consilia were fantastic helping me deal with a redundancy issue. They were helpful and professional. Really put my mind at ease knowing I had their help

      Robert Cubbon
      10/07/2019
    • I recently had occasion to require the services of an employment lawyer and was recommended to this firm by a professional colleague. I have dealt with many lawyers around the world in the most complex business transactions and personally. I can honestly say I have never received the level of consideration and service from any other legal firm to match that of Consilia Legal. From the moment they picked up the phone to my initial call to the matter being finalised in record quick time; their service and attention to detail was never less than exemplary. Their legal advice was also spot on. It is extraordinary to see this level of service across every aspect of a business and it is a huge credit to Marie Walsh and her team (especially Emma Cartlidge) that they are all able to make their clients feel so welcome and so cared for. I would heartily recommend them to anyone.

      Stephen Wilson
      9/13/2019

      I recently needed legal help with a settlement agreement post a redundancy. I have never had the need to use a solicitor's services before. Going by the great reviews on Consilia I decided to give their services a go. I had the pleasure to be attended by Emma Cartlidge and she made the experience simple and easy. The offer was reviewed and amended with precision and I needn't worry about anything. I would recommend Consilia to anyone nervous about using legal services and in need of employment law advice.

      mszkamio .
      9/11/2019
    • Superb professional, supportive & friendly service by Laura and her colleagues.

      Their responses to both emails and telephone calls were quick and precise.

      I could and not of asked for a better service during a very difficult period, and would not hesitate to use again.

      Steve

      Steve Wallis
      9/02/2019

      Thanks Laura and team at Consilia Legal. Great service and such a pragmatic and human approach to the legal system. Fitted really well with my personal values. Truly aimed at being conciliatory rather than adversarial.

      David Beaumont
      8/18/2019
    • Thanks Laura and team at Consilia Legal. Great service and such a pragmatic and human approach to the legal system. Fitted really well with my personal values. Truly aimed at being conciliatory rather than adversarial.

      David Beaumont
      8/18/2019

      Emma was amazing for me, and I would highly recommend her and her firm for any employment related issues. She helps with making it easy to understand and makes the whole process as swift and efficient as possible. Thank you for all of your help.

      Terri-Rochelle Ward
      8/15/2019
    • Andy Boyde at Consilia Legal was more than helpful I highly recommend him for he went above and beyond. If your looking for a good honest solicitor who is genuine and transparent throughout then look no further.
      Danielle Phillip

      Danielle Phillip
      7/31/2019

      I would have no hesitation in recommending Consilia Legal. Being in the more than capable hands of Marie & Andy collectively, helped me through an employment issue, which was difficult at times. However the support I received was highly proffessional, with a very caring approach at all times & they guided me through the process. Thank you so much. Elaine

      Elaine Dale
      7/22/2019
    • Sarah Manning was great - really efficient and supportive. I would recommend her to anyone.

      Leah Gore
      6/28/2019

      Marie and her staff have been very helpful. Marie had assisted me previously with an employment law issues so I had no hesitation in engaging her again. She helped me through an unpleasant job related matter when I was at a low ebb and feeling unable to fight my own corner. As before Marie gave sound, straight forward advice and took over the handling of communication with my employer until the matter was resolved. When I had to take action myself Marie was always there to consult if I was worried about something. I would thoroughly recommend Consilia Legal to anyone.

      Amanda Keers
      6/24/2019
    • Marie, Andy, Victoria and Emma were exceptional in their help, advice and support – all done with a non-nonsense super friendly approach. Really took the stress out of a difficult corporate employment process. I felt safe and confident in their capable hands, recommending them highly.

      Sophie Webb
      6/03/2019

      Excellent personal support, advice and understanding from Marie, Emma and the Team, thanks for all you have done.
      Highly recommended

      Ian Reed
      5/30/2019
    • Received a really good service from Marie and the team including Emma, who offered valuable support throughout. I contacted Consilia following a recommendation from a union representative. Was given great advise through her trusted associate who offered an accurate and professional assessment. Marie secured a really good outcome due to her knowledge, perseverance, conscientiousness and genuine desire to try and get the best outcome on my behalf. A lot of genuine empathy and respect expressed and a brilliant negotiator. Very well informed, experienced and brilliant communicator. True to her word re costs as discussion was upfront and honest. Very reasonable rate compared to other firms. Would recommend to others Thank you very much!

      Elaben Mistry Jackson
      5/26/2019

      Received a really good service from Marie and the team including Emma, who offered valuable support throughout. I contacted Consilia following a recommendation from a union representative. Was given great advise through her trusted associate who offered an accurate and professional assessment. Marie secured a really good outcome due to her knowledge, perseverance, conscientiousness and genuine desire to try and get the best outcome on my behalf. A lot of genuine empathy and respect expressed and a brilliant negotiator. Very well informed, experienced and brilliant communicator. True to her word re costs as discussion was upfront and honest. Very reasonable rate compared to other firms. Would recommend to others Thank you very much!

      Elaben Mistry Jackson
      5/26/2019
    • Very professional and got the right result for me in a very timely abs efficient manner. Great service, good advice and an excellent result I couldn’t have got on my own

      Jon Geldart
      5/23/2019

      Excellent service from Laura Clapton guiding me through a difficult divorce process. Super efficient, professional and carries out the work with understanding and compassion for your situation. Would highly recommend and have already recommended.

      Jo Allan
      4/09/2019
    • Professional, swift responses and detailed answered. Received THE BEST customer service from Andy Boyle at Consilia. Definitely Recomendd!

      Arooj Iqbal
      3/18/2019

      Professional and received good customer service. I would really recommend them as they helped me to negotiate my way out of a difficult work situation on the best terms possible. Andy was very polite and knowledgable.

      Diane Holden
      3/15/2019
    • Consilia have done a good job of mediating the discussions across family and financial matters. Quick responses, good communication and a helpful/flexible approach.

      Rob Hennessy
      3/06/2019

      Victoria Horner offered me employment law advice over the telephone and via email which was impartial but ultimately a game changer in the redundancy situation I found myself in with my employer. Victoria’s advice was instrumental in allowing me to negotiate redundancy and meant I was fully abreast of the law when having conversations with my employer. Victoria presented to me options which I have not yet considered or been made aware of a being entitled to which placed me in a stronger position when in dialogue with the HR department I was dealing with. This made me feel more empowered and gave me back some control during a very unsettling and confidence eroding time. Thank you Victoria.

      Sarah De Biase
      3/06/2019
    • I had a great service from Laura and her team at Consilia Legal and would certainly recommend them to others. The service was very friendly and informative keeping me up to date in a timely manner and been on hand to offer advice when needed. Thankyou.

      Matthew Bell
      3/05/2019

      I was recommended Andy Boyde of Consilia Legal by a good friend in the profession to handle a personal issue. Dealing with Andy has been a pleasure from start to finish. Calls and emails were answered and dealt with in a timely manner and he gave a great deal of attention to run through legal jargon in layman's terms. Thoroughly recommended.

      Michael Dockwray
      3/01/2019
    • I dealt with Vicky at Consilia Legal and I couldn't thank her and the team enough. Very fast and efficient and will go out of her way to help in anyway possible. Would recommend over and over again. Thank you

      Lauren Clark
      2/11/2019

      Laura Clapton has been brilliant and very professional through the Mediation process. I highly recommend her.

      Jen Huggett
      1/22/2019
    • I was most impressed with the speed and efficiency which Andy Boyde at Consilia Legal handled my case. I selected Consilia Legal after reviewing previous feedback which had positive comments regarding the areas I was interested in. The way my case was handled turned a stressful situation into a quick and stress free process. I would have no hesitation in recommending Consilia Legal.

      Craig S
      1/02/2019

      Great service from Andy and the team. Handled my case very professionally and I was given excellent advice. Very informative and always responded promptly. Would highly recommend.

      Adam Orange
      12/04/2018
    • Very quick and reassuring response from Andy and the team here after a very difficult situation at work. Referred from Citizen Advice Bureau because all other firms seemed less bothered about my needs versus their fees. Andy gave great advice and helped explore my options so I could respond appropriately without being cornered by my work. Ended up with a very amicable outcome! In difficult times you need people like Consilia to help guide and support you... thanks guys

      Mirra Riz
      12/03/2018

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