Alternatives to court – arbitration

In cases of separation where both of you want to avoid or limit your participation in the court process, but an independent adjudicator is necessary because you are not able to agree a settlement, arbitration can provide a private, timely and cost-effective way to achieve an outcome that will be binding on you both.

A discreet, fair alternative to court

Arbitration is essentially private judging: a third-party arbitrator is chosen by you and your former partner to review your respective arguments and relevant evidence and material before imposing a final decision upon you. This can be an attractive alternative to court proceedings where you are unable to reach an agreement and need a third party to rule on outstanding issues.

Arbitration can be used to resolve children and financial issues. You will each be represented by your own legal teams including a solicitor and a barrister. You are able to select an experienced lawyer to act as arbitrator and resolve the issues in dispute. Their decision will be binding on you both.

Your barrister will present your case to the arbitrator in the same way as they would do if you were in a court setting, but you will not experience court delays and you will be able to choose the time and location for the arbitration. The arbitration process is completely private and confidential, which is not always the position with court hearings.

The team at Penningtons Manches Cooper are very able and diligent. It’s a strong, reliable team.

Before arbitration starts, you will both sign an agreement that you will abide by the arbitrator’s decision. You also agree that after the decision (sometimes referred to as an ‘award’) has been made, it will be turned into a court order by consent, making it enforceable in law. Unless there are very unusual circumstances that transpire after the award is made, the court has made it clear that arbitrated awards will be upheld.

Arbitration can also be useful following another process, such as collaborative law or an early neutral evaluation, if a third-party decision is required on any limited remaining issues that could not be resolved by agreement.

They provide bespoke and targeted advice on complex international family law. They are right on point, seeking to limit litigation where possible but happy to pursue if necessary.

A particular strength of Penningtons Manches Cooper is their ready access to lawyers from different areas of law within the firm.

Recent work highlights

Complex children private arbitration

Representing a client in respect of a domestic children matter in which we assisted the parties in obtaining a private arbitration to settle the child arrangements.

Multi-jurisdictional divorce settlement

Acting as mediator in a complex multi-jurisdictional divorce case, navigating and resolving cross-jurisdictional asset structures, and examining global financial holdings, properties, and other assets, eventually reaching a fair and equitable settlement for both parties.

Pre-nuptial mediation for athlete

Acting as a mediator in a pre-nuptial agreement negotiation for a high-profile and successful athlete.

US/UK family financial matters mediation

Mediating for a US/UK family on children and financial matters, including a remuneration structure. The shareholding involved a large property business transferred into an employee ownership trust, requiring business valuations and accountancy input.

Mediation alongside litigation

Representing a large family in relation to financial matters, where the family needed to carefully consider how to separate with minimal impact on their asset base. Third-party litigation caused additional complications regarding the true value of the property assets.

Children and financial matter mediation

Mediating on children and financial matters. Despite initial mistrust, the parties narrowed their issues in mediation, identified agreed points, and moved to collaborative negotiations with their solicitors.