We are the only firm in Scotland to offer arbitration in family law cases. Arbitration is a process, in some ways similar to a court based process, but less formal, where an independent neutral person (known as an arbiter or arbitrator) hears evidence and issues a decision, known as an "award". Arbitration provides a private and confidential structure that allows relevant information to be ingathered and then considered in an investigative way. After the information has been explored the Arbitrator will issue and award that is generally final and binding on the parties in the case.

Pros and Cons:

Arbitration can provide a confidential and speedy resolution of disagreements. It involves a decision being made by an Arbitrator who is experienced in family law. The exchange of information and initial exploration of options is managed by the arbiter who is a neutral third party. The arbiter will make a decision if no obviously mutually acceptable plan emerges.
But
If one party is determined to be obstructive forced disclosure of information is likely to be more cumbersome than in a Court managed litigation.

Return to ADR Options Page

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