Family & Children Arbitration/Early Neutral Evaluation

Trinity has several members of the Chartered Institute of Family Law Arbitrators (IFLA) Panel.

They are qualified to conduct family law arbitrations and make binding Orders under the IFLA rules in family proceedings, including Ancillary Relief/Matrimonial Finance and Trusts of Land & Appointment of Trustees Act 1996 matters. The arbitration barristers at Trinity Chambers also sit as Deputy District Judges.

In addition, a qualified Arbitrator may be instructed by both sides jointly to provide an Early Neutral Evaluation of any particular point in dispute, this may be a useful complement to Collaborative law.

Family arbitration applies to:

  • Financial and property disputes arising from marriage and its breakdown – including financial provision on divorce, judicial separation or nullity
  • Civil partnership and its breakdown
  • Co-habitation and its termination
  • From parenting or between those sharing parental responsibility
  • For provision from a deceased’s estate

It includes but is not limited to claims pursuant to s.17 MWPA 1882, Part II MCA 1973; I (PFD) A 1975; Part III MFPA 1984; Schedule 1 CA 1989; TOLATA 1996; Civil Partnership Act 2004

Family arbitration does not apply to:

  • Any question concerning the liberty of the subject
  • The status of either individuals or their relationship
  • The bankruptcy or insolvency of individuals
  • Non-parties to the Arbitration

Family arbitration is governed by three principles:

  • The object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense;
  • The parties should be free to agree on how their disputes are resolved, subject only to such safeguards as are necessary in the public interest; and
  • In matters governed by Pt. 1 of the Arbitration Act 1996 the court should not intervene, except as is provided by that Part.

Trinity are able to offer extensive arbitration facilities in Newcastle, Leeds and Middlesbrough, fixed fees can be agreed upon in advance.

If you require further details regarding arbitration please contact a member of the Family Clerking team on 0191 232 1927 or by email