The Road Ahead For Family Law?

In March the Institute of Family Law Arbitrators (IFLA) was established and Arbitration, the newest form of Dispute Resolution in family law was created. The training was spearheaded by Suzanne Kingston, a partner in our family department and a qualified arbitrator.

Arbitration involves the parties entering into an agreement under which they appoint a qualified arbitrator to adjudicate a dispute and make an award.

Arbitration has been introduced at exactly the right time. The resolution of private family law disputes is at something of a crisis point. The Court cannot cope with the volume of cases coming before it. Parties can find themselves tied up in a system for months if not years with ever increasing legal fees. The government has registered an acknowledgement of the difficulties. On 19 June 2012 it published its formal response to the Family Justice Review in which it stated it was seeking to simplify the family justice system and to help separating couples reach lasting agreements without going to Court if possible. There is little doubt therefore that arbitration may have a significant role to play in helping to improve the current system.

Arbitration is different to other forms of Dispute Resolution because it will be binding between the parties in the same way as an order of the Court. This provides the parties with certainty of outcome. There are limited grounds for appeal. It should be noted that an arbitration award does not however oust the jurisdiction of the Court. The Court retains jurisdiction to ratify the arbitration award (or not, as...