The Family Law Arbitration Scheme
The IFLA, Institute for Family Law Arbitration, has recently launched its Family Law Arbitration Children Scheme (‘the Children Scheme’).
Family law financial arbitration has been available since 2012. The new scheme offers the opportunity to resolve disputes concerning the welfare of children, by arbitration. It can cover issues relating to where children should live, how much time they should spend with each parent, and disputes over possible relocation in England & Wales. The scheme has been developed by a multi-disciplinary team of leading family lawyers.
Family arbitration is a form of private dispute resolution in which couples choose and appoint a fair and impartial family arbitrator to resolve their dispute. Family arbitration is an ideal approach for people who want to resolve a family dispute without the delay and expense of the court process, where they can’t otherwise agree between themselves. It allows them to engage in a flexible process, with complete confidentiality, and in the knowledge that a decision will be made.
The specially trained family arbitrator will produce a decision after the hearing, and is bound to act fairly and impartially, giving both parents the opportunity to put forward their views, very much like in a court but without the same level of formality and procedural rules.
Nigel Shepherd, chair of national family lawyers’ organisation, Resolution, (and family arbitrator) said: “Resolution is committed to helping separating families find the best approach to resolving issues. Since its launch, arbitration has provided couples with a speedy, flexible and cost-effective way to sort out their finances where they cannot reach agreement. I’m delighted that this new scheme has been established to extend these benefits to those families needing a decision on the arrangements for their children.”
With the court system becoming increasingly slow, and the procedure being potentially expensive, family lawyers will consider arbitration as an alternative for any suitable case.
Resources:
http://ifla.org.uk/cms/wp-content/uploads/2015/09/Public.pdf
http://www.resolution.org.uk/news-list.asp?page_id=228&page=1&n_id=333
http://www.thetimes.co.uk/article/children-arbitration-scheme-offers-more-solutions-for-families-rmz89zplm
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