Family Law Arbitration is a guide to arbitration in family matters both financial and in respect of children. It sets out:
- what is meant by arbitration - the process - the purpose - its benefits - important cases including arbitration decisions confirmed in the High Court
It gives practitioners and lay individuals an understanding of family law arbitration, how it works in family matters and what can be expected when an arbitration proceeds, showing both the lawyers involved and the client all they need to know in terms of practice and procedure.
There have been a number of developments since publication of the second edition in 2017 including numerous cases and revised practice guidance over the years which are referenced in the book
In particular, there is new material on:
- Arbitration – practical tips and a comparative table of family arbitration around the world - Children Scheme allowing leave to remain in Hague countries - The case of Haley v Haley which provided important considerations in relation to the appeal of family law arbitration. - Impact of Covid – many people are choosing arbitration over appearing in court. - The 'Certainty Project' and looking to the future.
The practical nature of the work is enhanced by comprehensive Appendices: Forms and Precedents which include:
- Draft letters to solicitors/client in respect of financial and children issues - A pre-commitment Questionnaire - Checklist for discussion at the IFLA Family Arbitration first meeting - Arbitrator's Terms of Engagement - A final checklist - Draft letters to HMCTS - Titles for New Square Omnibus Orders - Order to stay proceedings - Enforcement of an Arbitrator's Order - Securing attendance of witnesses
Family Law Arbitration is essential reading for the judiciary, legal practitioners, local authorities, academics and students in the UK. It is also of interest to the legal profession, academics and students internationally as it provides a comparison of Family Law Arbitration in England and Wales with the regime in other jurisdictions as well as an understanding as to its advancement and development and why Arbitration in England and Wales can assist in international family law matters.
This book has been used as a main resource of followers of the International Academy of Family Lawyers (IAFL).
Read an extract of Family Law Arbitration
Table of Contents
Part I – Family law arbitration in practice 1. Introduction 2. Procedure 3. Guidance Part II – Appendices 1. Legislation, rules and practice guidance 2. Forms, precedents and standard orders 3. Case studies 4. Remote Arbitrations 5. Articles 6. Cases