Alternatives To Court During Coronavirus: Children Arbitration

Using Children Arbitration: The Basics

During the coronavirus pandemic, there is much uncertainty for expatriate families who have children disputes to resolve. In this series of articles, we will discuss the options for resolving family law disputes outside court. Most of the English courts are still running during the pandemic, using video link or telephone to conduct hearings remotely. However the courts are inevitably going to slow as the coronavirus lockdown progresses. We will discuss the options for settling family law disputes outside court. In this article, we discuss the children arbitration scheme in England.

In all legal matters, attending court for a trial or hearing can be stressful time, with substantial emotional and financial costs involved. For family matters in particular, the courtroom can charge an already tense situation and for some families is best avoided. However some families find it difficult to come to an agreement about arrangements for the children without support and intervention by a third party. Arbitration is often able to provide a 'middle ground' for families who would rather avoid court.

What is Arbitration?

Where two parties are unable to come to an agreement but the idea of going to court is perhaps too daunting or time consuming, by mutual agreement the parties can agree to use arbitration. Arbitration usually mimics the court process, but the parties set the time table and agree on an arbitrator to decide on the case. The Arbitrator is a specially qualified lawyer appointed with the consent of the parties to act as an independent third person and make a binding decision on the issues in contention. Whilst this person is not a Judge as you would have in a courtroom, their ruling (known as the 'award') is binding on all parties. A solicitor will simply convert the award in to a court order.

Family Law Arbitration Scheme

Since 2012, the Family Law Arbitration scheme has confined family arbitration to disputes relating exclusively to finances and property. In 2018 the decision was taken to expand the scope of arbitration for family matters to include children in the Family Law Arbitration Children Scheme administered by the Institute of Family Law Arbitrators Limited (IFLA). The Children Scheme – as it is commonly known – allows for arbitrators to adjudicate on contact arrangements between children and those with parental responsibility; matters involving where and who children are permitted to live...