We have a strong team of Children Arbitrators who can be booked to conduct arbitrations from chambers, online or at venues across the UK.
The Family Children Arbitration scheme is governed by the Arbitration Act 1996 and the Children Arbitration Rules (2021, 5th edition) To commence an arbitration form ARB1CS should be completed and sent to the IFLA. The process is clearly set out on the IFLA website and our practice managers can also guide you through the process.
IFLA has developed its arbitration Schemes to enable parties to resolve family disputes more quickly, cheaply and in a more flexible and less formal setting than a court room and the schemes have been put together as a result of collaboration between Resolution, the Family Law Bar Association (FLBA), The Chartered Institute of Arbitrators (CIArb) and the Centre for Child and Family Law Reform (CCFLR).
Children Arbitration is suitable for any issue between parents such as where a child should live, shared living arrangements and applications to spend time with a child. Arbitration is also suitable for specific issue applications such as Education and issues concerning routine non-life threatening medical treatment.
Advantages of Children Arbitration over going to court
- Choice of arbitrator: The parties themselves, guided by their lawyers if they have them, are able to select the person whom they wish to arbitrate their dispute and the appointed arbitrator alone will deal with the dispute from start to finish.
- Reading time: You can be assured that the Arbitrator will have read the papers in advance.
- Meeting the Arbitrator: Many arbitrators will offer a free of charge ‘no commitment’ meeting before the terms are signed. This meeting gives you the opportunity to meet the arbitrator, and enables the arbitrator to be satisfied that clients understand the process and obligations.
- Flexibility: Parties can decide whether they want the dispute to be determined on paper only, or following a hearing, and in the latter case whether with or without oral evidence.
- Cost effective: The arbitrator has the widest possible discretion to adopt procedures to suit the circumstances of your case. Their focus will be to manage the arbitration as quickly, efficiently and in the most cost-effective way as possible.
- Timely decision: The arbitrator’s award must be committed to writing and delivered promptly. The decision (called a ‘determination’) will include written reasons, like a court judgment, and will deal with costs. The arbitrator’s fee must be settled upon delivery of the award.
Get in touch with our Practice Managers for more information and details of how to book an Arbitrator from 1 Crown Office Row.
