Tony Marks & Jonathan Tecks introduce a new family member
Over three years ago a group of family lawyers came together at the Chartered Institute of Arbitrators (CIArb) to explore the possibility of developing an alternative method of dispute resolution for financial or property disputes with a family background.
Although some progress had been made in recent years in alternative dispute resolution (ADR) by the use of mediation, early neutral evaluation, collaborative law etc, arguably the best potential alternative to court proceedings (where a “determination” rather than a negotiated or mediated settlement is required)—namely arbitration—had so far not been developed in England and Wales. Schemes already exist in Australia and, most recently, in Scotland (following the passing of the new Arbitration Act in Scotland). The meeting at CIArb was the first step in creating a bespoke family arbitration scheme for England and Wales.
The scheme
The scheme has now been set up and is the result of collaboration between Resolution, the Family Law Bar Association (FLBA), CIArb and the Centre for Child and Family Law Reform (CCFLR). It will
