Episode #84: What is family arbitration and how does it work?

The Divorce Podcast

In this episode, Kate was joined by Nadia Beckett to talk about arbitration and separation.
Nadia has been a family law solicitor for 30 years and established Beckett Solicitors in August 2008. She specialises in private children and matrimonial financial disputes.

Nadia has been a mediator since 1997 and a Family Law Arbitrator since 2013. She is dual-qualified as a financial and children arbitrator and is a founding member of the Certainty Project. Nadia also co-chairs the IFLA (Institute of Family Law Arbitrators), executive committee and sits on the IFLA rules committee as well as chairing the FFA (Forum of Family Law Arbitrators).

This episode is all about arbitration as an alternative route to resolving disputes during a divorce or separation. Kate and Nadia begin with the basics looking at what arbitration is and how it differs from going through the court. They explore when you might want to use arbitration as well as how to find an arbitrator. Nadia outlines the arbitration process, including how long it takes to reach a decision, and how an arbitrator’s determination will need to be written into a consent order if the decision is around finances. They also talk about the fact arbitration can be used for cohabiting couples as well, in their property disputes. They finish by exploring the advantages and the barriers to arbitration.