Family arbitration — resolving financial and children disputes outside court
REVIEWED BY: Sean McNamara on 2026-08-29
What family arbitration is
An arbitrator (a qualified family law professional, often a retired judge or senior barrister) is appointed by you both to make a binding decision in your dispute. It is a private, court-alternative process under the Arbitration Act 1996 and the IFLA Scheme (Institute of Family Law Arbitrators).
What can be arbitrated
- Financial remedy disputes on divorce/dissolution (lump sums, property, pensions)
- Certain children disputes (via a separate scheme; the court still retains ultimate oversight as the child's welfare is paramount)
- Specific issues (e.g. how to divide a business, whether an inheritance is included)
What can't
- Divorce/dissolution itself (still needs the court process)
- Orders affecting children where the court's welfare jurisdiction is required
- Enforcement of third-party rights
Why people choose it
- Speed — months, not years (you set the timetable)
- Privacy — no public hearing, no reported judgment
- Choice of arbitrator — you pick someone with the right expertise
- Flexibility — hearings fit around work/childcare, remote options
The costs reality
You pay the arbitrator (often several thousand pounds, shared) plus venue/legal costs. That is usually cheaper than a contested final hearing in court — but more expensive than mediation if you both genuinely cooperate.
Enforcement
The arbitrator's award is converted into a court order (a short application). If a party refuses to comply, the award is enforceable as if it were a court order.
How to start
1. Both parties agree in principle to arbitrate 2. Choose an arbitrator from the IFLA register (ifla.org.uk) 3. Sign the arbitration agreement (defines scope, fees, procedure) 4. The arbitrator runs the process and issues the award
When it isn't right
Where there are safety concerns, significant power imbalance, or one party refuses — mediation or court may be the better route (see our mediation and FL401 guides).
Official links
- IFLA: https://ifla.org.uk
- Family Justice Council arbitration guidance: https://www.judiciary.uk
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with IFLA or the judiciary.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.