Family Arbitration

Family Arbitration is a new service that we offer under the Institute of Family Law Arbitrators (‘IFLA’) scheme.

Under the Scheme, parties appoint an arbitrator to resolve their financial remedies dispute. The scheme covers a wide range of disputes:

• Divorce and civil partnership disputes under the Matrimonial Causes Act 1973
• Claims under the Inheritance (Provision for Family and Dependents) Act 1975
• Disputes governed by the Trusts of Land and Appointment of Trustees Act 1996.

The arbitrator will be a specialist in this area who will be available to give case management directions and to hear the arbitration at short notice at a time and venue of the parties’ choosing.

If both parties agree to arbitrate this creates a binding process – one in which, by agreeing to participate, the parties have agreed to accept the arbitrator’s decision. The parties will then simply present the arbitral award – the outcome of the arbitration – to the court as a consent order or the court will enforce the award.

Among the advantages of this approach are speed and flexibility – there is no need for the parties to wait for a court to allocate a hearing date or any uncertainty as to the identity of the tribunal or whether the hearing will be effective. Arbitration can therefore be cheaper and faster than traditional court litigation while still enabling the disputing parties to achieve a final decision.

Why Arbitrate?

• The parties can select an arbitrator with experience and expertise in this area. Both of the barristers offering this service at Pump Court Chambers are specialist practitioners trained under the IFLA scheme.
• A suitable venue can be chosen which allows for a less formal process than a court setting, with refreshments and space for private discussions.
• There is no delay – the process can be started and completed very quickly with no need to wait for court time to be available.
• The process is fully confidential.
• There is quick and efficient access to the arbitrator by telephone and email to resolve case management issues as they arise.
• The process can run in conjunction with a Private FDR (although the arbitrator and evaluator will need to be different people) so as to provide a complete financial remedies solution.
• The service covers financial remedies applications on divorce and also claims under the I(PFD)A 1975 and the TOLATA 1996.

Arrangements for an arbitration can be made very quickly. For example, if the court has adjourned or vacated a final hearing at short notice, agreeing to arbitration will ensure that all the preparation work and fees already incurred are put to good use.

We are happy to offer a fixed-fee quotation for the arbitration service.

For further information please contact our senior family team clerk, Sean Gentleman, on 020-7373-0711 or via email: s.gentleman@pumpcourtchambers.com