The benefits of arbitration are well known for those going through a divorce. The process is much shorter and more user friendly than the traditional route via the courts, giving separating spouses greater control over the time and expenditure needed to finalise matters between them.
As arbitration is relatively new, it is only recently that the courts have had reason to look at the validity of decisions given in arbitration and whether, if queries arise, that decision would be upheld by the court.
A recent Judgment has given a ringing endorsement of arbitration in family matters. The court has said that decisions given in arbitration will be the ‘single magnetic factor of determinative importance’, going on to say that it will only be in extremely rare cases that the family judge will do anything other than approve the arbitration decision. Sir James Munby, President of the Family Division, went on to say that ‘with a process as sophisticated as that embodied in the Institute of Family Law Arbitrators (IFLA) it is difficult to contemplate such a case’.
This Judgment can give confidence to all parties considering this process, that the decision reached in arbitration will be upheld by the court and adopted into a legally binding Consent Order, except in very exceptional circumstances.
Should you wish to find out more about arbitration please feel free to contact me.