Trinity Barristers: Family & Children Arbitration, Private FDRs in Newcastle, Leeds & Middlesbrough

Family & Children Arbitration/Early Neutral Evaluation

According to The Institute of Family Law Arbitrators:
"Family Arbitration is a form of private dispute resolution in which the parties enter into an agreement under which they appoint a suitably qualified person (an “Arbitrator”) to adjudicate a dispute and make an award. It can be used to resolve financial disputes and disputes concerning children."

Once appointed by both sides, an Arbitrator can make a final and binding decision on a range of financial and property disputes and also some child-related disputes following family breakdown.

In this animation, we explain when Family Arbitration can be used, its advantages, how the process works and what steps to take next.

Several barristers in Chambers are 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, Trusts of Land & Appointment of Trustees Act 1996 and some children related matters. Several of the Arbitrators at Trinity Chambers also sit as Deputy District Judges.

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.

There are two Chartered Institute of Family Law Arbitrators (IFLA) Schemes:

The Financial Scheme and
The Children Scheme

Financial Scheme

The IFLA Financial Scheme 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

The Financial Scheme 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

Children Scheme

The IFLA Children Scheme applies to:

Any issue between parents or holders of parental responsibility or who have a sufficient interest in a child’s present or future welfare
Any issue which would be encapsulated in a Child Arrangements Order
Contact
Education
Routine but not life-changing or life-threatening medical treatment

The IFLA Children Scheme does not apply in cases involving:

The return of a child from another jurisdiction
The removal of a child from this jurisdiction whether permanently or temporarily (such as for a holiday)
Jurisdictions outside England and Wales
Life-changing or life-threatening medical treatment
Any dispute where a person under the age of 18 has parental responsibility for the child
Where a party to the arbitration lacks capacity under the Mental Capacity Act 2005

Early Neutral Evaluation

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

Trinity are able to offer extensive Arbitration facilities in Newcastle, Leeds and Middlesbrough, as well as at other remote facilities such as solicitors offices or hotel venues.

Fixed fees can be agreed upon in advance.

If you require further details regarding Family Arbitration or Early Neutral Evaluation, please contact a member of the Family Clerking team on 0191 232 1927 or by email familyclerks@trinitychambers.co.uk.