Children Arbitration: A Faster, More Flexible Route to Resolving Disputes About Children

Introduction

Non-court dispute resolution is now firmly at the centre of family proceedings and recent changes to Part 3 of the Family Procedure Rules have strengthened the court's expectation that parties consider it at every stage. Arbitration under the IFLA Children Scheme offers separating parents a swifter, more flexible and confidential alternative to contested litigation over their children.

This virtual classroom seminar is designed to give you a practical working knowledge of how children arbitration operates: when it is suitable, how the process runs, how an award is given effect and how to advise your clients on whether it is right for them. If you understand the scheme, you will be better placed to offer clients a genuine alternative to court and to meet the courts' increasing expectations around non-Court dispute resolution (‘NCDR’).

What You Will Learn

This live and interactive course will cover the following:

• The legal framework for children arbitration and the scope of the IFLA Children Arbitration Scheme
• Which disputes can and cannot be referred to arbitration and the safeguarding limits that apply
• How arbitration fits within the wider NCDR landscape, including the strengthened expectations under Part 3 of the Family Procedure Rules
• The process from referral to award: appointing an arbitrator, the conduct of the arbitration and the place of the child's welfare as the paramount consideration
• How an arbitral determination is given effect by the court and converted into an order
• The limited grounds on which an award may be challenged, with reference to relevant case law
• The practical advantages and limitations of arbitration, cost, speed, confidentiality and choice of arbitrator, and how to advise clients on whether it suits their case
• Common pitfalls and practical tips

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.