That posed something of a dilemma for the English courts. On the one hand, divorcing couples are encouraged to settle disputes by consent if possible. On the other hand, the High Court's jurisdiction to decide issues arising from the marriage, such as the financial settlement and the upbringing of the children, cannot be ousted by agreement. Sensibly, Mr Justice Baker said he would be prepared to endorse a process of non-binding arbitration so long as it focused on the best interests of the child, as the secular courts of both New York and England would also do. 

At that time, in February 2010, there was no precedent for referring a matrimonial case to arbitration. Mediation — the process of finding a compromise that both sides will accept — was well established. But arbitration — under which both sides agree to be bound by the ruling of a private "judge" — became widely available for family cases in England and Wales only a year ago; even now, it deals only with financial disputes.

The rabbinical arbitration award, dealing with financial and child-related disputes, took 18 months to produce and was followed by further negotiations. Eventually, a 17-page agreement was produced. Elaborate arrangements were made to ensure that the judge's approval of this agreement was tied into the giving of a get, the Jewish divorce. 

Four days after its original report, The Times published a letter from the Muslim Council of Britain. While finding it "odd" that the newspaper's coverage of a Jewish divorce settlement should be framed under the narrative of Sharia courts, the umbrella body welcomed "any move facilitating choices for those who wish, as Muslims, for their personal relationships to be governed by a Sharia civil code". This would not "require a change in the law or a diminution in human rights", the letter claimed.