“Where parties are agreed that their case should be afforded total privacy there is a very simple solution: they sign an arbitration agreement.

“Arbitration has long been available in proceedings such as these. Recently arbitration has also become available in financial remedy proceedings by virtue of the much-to-be-welcomed scheme promoted by the Institute of Family Law Arbitrators.

“In those proceedings also privacy can now be guaranteed.”

IFLA member Marylin Stowe has commented on the judgment on her blog here.

It suggests that family arbitration agreements might, in defined circumstances, be treated as and equated with qualifying nuptial agreements in the Commission’s final recommendations for ‘Q-nups’.

The paper explains in some detail how the IFLA Scheme operates and will be of interest to those wishing to understand better how family arbitration works in practice.

The paper can be found here: IFLA Law Commission response

Anyone advising clients on alternatives to court should seriously consider arbitration. Where reaching an outcome appears to require the imposition of a solution, then the DIY, mediation and collaborative processes are unlikely to work. Where a difficult point of law or disclosure is concerned, then those options may not be best for the family.

Clients may have a whole range of fears when faced with the court process, ranging from the delay and costs, to fears as to whether the Judge will be able to give the time needed, whether listings will be inconvenient or a case will be left part heard or be appealed.

No one process can provide a panacea of course, but arbitration is another way to resolve financial questions for some, particularly where there are worries about proportionality (for example Schedule 1 or variation cases) or simply where resources are limited and an early solution is crucial.

For further information, including details of this promotion, please contact any of the arbitrators using their contact details in the directory.

You can download the Scheme Rules and the Application Form ARB1 on this website.

You can access the arbitrators’ step by step guide here and further information is available via the ‘key information’ section of www.familyarbitrator.com.

The Scheme and the IFLA is the result of collaboration between the Chartered Institute of Arbitrators (CIArb), Family Law Bar Association (FLBA), Resolution, and the Centre for Child and Family Law Reform (CCFLR).

In 2012, IFLA launched a scheme to enable family disputes to be resolved by arbitration. Arbitration under the scheme is conducted under the family arbitration Rules which have been developed by IFLA for the scheme. This means divorcing couples can agree to appoint their own arbitrator, or have the IFLA select one for them from its panel of approved arbitrators.

The scheme covers: financial disputes arising from divorce; claims on inheritance from a child, spouse etc; financial claims made in England and Wales after a divorce abroad; claims for child maintenance between unmarried parents; disputes about ownership of a property between cohabiting couples and civil partnership financial claims. Disputes will be resolved exclusively by applying the laws of England and Wales, in the same way as the Family Courts.

Lord Falconer, who chairs the IFLA, said:

“Arbitration has a long history in certain areas. For example, many commercial and construction contracts provide for dispute resolution in this way. Arbitration in family law will be another tool in the box of methods of alternative dispute resolution. At a time when there is a need to find solutions in family disputes outside the courtroom, it is a logical next step to offer arbitration as another means of doing so.”

IFLA developed the arbitration scheme to enable parties to resolve financial disputes more quickly, cheaply and in a more flexible and less formal setting than a court room. It is also expected to save court resources and reduce pressure on the already stretched family courts.

IFLA will govern and promote the scheme for family law arbitration in England and Wales. Arbitration will provide another means of resolving family law disputes relating to finance or property, outside of a formal court process.

IFLA has formed a panel of experienced family lawyers who have been trained as family arbitrators under the scheme.  To date, the bespoke training course, which has been developed in partnership with and delivered by CIArb, has attracted the retired judiciary and highly experienced specialist practitioners from across the country.

Arbitration under the scheme will be conducted under the family arbitration rules which have been developed by IFLA for the scheme. This means divorcing couples can agree to appoint their own arbitrator, or have the IFLA select one for them from its register of approved arbitrators. IFLA, which will be formally launched at an event to be held at Inner Temple in Central London on 26 March 2012, is chaired by the former Lord Chancellor, Lord Falconer of Thoroton. Lord Falconer said:

“Arbitration has a long history in certain areas. For example, many commercial and construction contracts provide for dispute resolution in this way. Arbitration in family law will be another tool in the box of methods of alternative dispute resolution.  At a time when there is a need to find solutions in family disputes outside the courtroom, it is a logical next step to offer arbitration as another means of doing so.”

The scheme covers: financial disputes arising from divorce; claims on inheritance from a child, spouse etc; financial claims made in England and Wales after a divorce abroad; claims for child maintenance between unmarried parents; disputes about ownership of a property between cohabiting couples and civil partnership financial claims. Disputes will be resolved exclusively by applying the laws of this country, in the same way as the Family Courts.

IFLA developed the arbitration scheme to enable parties to resolve financial disputes more quickly, cheaply and in a more flexible and less formal setting than a court room.  It is also expected to save court resources and reduce pressure on the already stretched family courts.

Parties and their advisers will be able to find further details of the scheme and how to start a family arbitration at www.ifla.org.uk