Family lawyers are hoping to dispel the myth that arbitration is only for the rich and famous by creating an organisation to improve public awareness of non-court dispute resolution for separating couples.
The Family Law Arbitrators Group (FLAG) is a newly created affiliation of solicitors and barristers who are also family law arbitrators.
FLAG spokesperson and solicitor Tony Roe, of Reading firm Dexter Montague, said arbitration has for a decade provided an attractive alternative to the court, particularly for separating families wanting to resolve financial or child-related issues quickly and confidentially. ‘Yet, despite its benefits and established legal framework - with the UK often being referred to as the arbitration capital of the world - arbitration remains underused and, in some cases, poorly understood.’
Arbitration was ‘not just the preserve of the rich and famous, who want to ensure privacy’ but also a cost-effective way of helping couples move forward, Roe added.
Public education will be a top priority for the organisation, which said many separating couples are unaware that they can appoint an arbitrator to make binding decisions away from court, often more quickly, and with more control over timing, format and scope of the issues to be decided.
The organisation also hopes to become a ‘valuable resource’ for lawyers by sharing case law and procedural developments as well as peer support.
FLAG founder Rebecca Hawkins, of Havant-based Family Solutions Now, acknowledged that arbitration will not be suitable for everyone, ‘but many more could benefit than currently do... We are exploring how different models of arbitration, including using early neutral evaluation, streamlined hearings, and mediation, might be tailored to better meet the needs of modern families'.
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