Is Family Law Arbitration Really Private? Understanding the Limits of Confidentiality
One of the main reasons people choose family law arbitration is privacy.
Unlike court proceedings, arbitration takes place behind closed doors and is not open to members of the public. This allows personal, financial, and family matters to be discussed without the worry of others listening in or reading about the case later.
However, while arbitration is significantly more private than going to court, it is important to understand that it is not entirely confidential in every situation. There are limited circumstances where information from an arbitration may need to be shared.
Understanding these boundaries can help you decide whether arbitration is the right option for you.
How privacy normally works in family law arbitration
In family law arbitration, both parties agree to appoint an independent arbitrator—often an experienced family law specialist—who will make a binding decision on their dispute.
The process is considered private because:
Hearings are held in private locations
There is no public or media access
Decisions are not published
Only the parties and their professional advisers are involved
For many families, this level of privacy is a significant advantage, particularly when dealing with sensitive personal or financial issues.
When arbitration may not remain fully confidential
Although privacy is a core feature of arbitration, there are situations where confidentiality may be limited.
Court approval of the outcome
In cases involving finances or children, an arbitrator’s decision usually needs to be approved by the Family Court before it becomes legally binding.
This approval process is generally straightforward and does not involve a hearing. However, it does mean that:
The court becomes aware of the case
Some information is shared with the court
Even so, family court proceedings are private, and details are not made public.
Concerns about a child’s safety or welfare
Privacy can never override safety.
If issues arise during arbitration that indicate:
A child may be at risk
There are safeguarding concerns
A vulnerable person may be harmed
The arbitration may need to stop, and the matter may be referred to the court or relevant authorities. In these circumstances, confidentiality is set aside to protect those involved.
Suspected fraud or criminal activity
Arbitration cannot be used to conceal illegal behaviour.
If serious concerns emerge about:
Fraud
Financial misconduct
Criminal activity
There may be a legal obligation to disclose information to the appropriate authorities.
Challenging an arbitration decision
Arbitration decisions are intended to be final, but in rare cases, one party may seek to challenge the outcome in court.
If this happens, court involvement becomes necessary, which can reduce confidentiality—although family court proceedings remain private.
Sharing information with professional advisers
During arbitration, information is often shared with professional advisers such as:
Solicitors
Barristers
Financial advisers or accountants
This is normal and essential for proper advice. While it means more people are aware of the details, confidentiality remains controlled and professionally respected.
Is arbitration still more private than going to court?
Yes. Even with these limited exceptions, arbitration is far more private than traditional court proceedings.
Court cases may involve:
Formal hearings
The possibility of legal reporters attending
Published judgments in some cases
Longer delays and less flexibility
Arbitration offers a quieter, more efficient way to resolve disputes while retaining much greater control over privacy.
Is arbitration suitable for everyone?
Arbitration can be highly effective where:
Both parties value privacy
A faster resolution is preferred
Issues can be resolved fairly outside the court system
However, it may not be appropriate where there are serious safety concerns or where one party does not feel able to participate on an equal footing.
The importance of getting legal advice
Before choosing arbitration, it is essential to seek legal advice so you fully understand how privacy works in practice and whether arbitration is suitable for your circumstances.
Seymours + Solicitors is a leading Sussex-based family law firm who are experts in explaining your options, address any concerns, and help you decide on the approach that best protects both your interests and your privacy.
Reach out to info@seymoursolicitors.co.uk or give us a call on 01273 628808.