Family Law Arbitration
The family team at 3PB is one of the leading sets in progressive non-court dispute resolution within family law. Within our 80-strong team of family barristers, we have five highly-skilled IFLA arbitrators: two of whom (Simon Lillington and Aimee Fox) are qualified to arbitrate in financial remedy and property disputes, and three (Stephen Wildblood KC, Nathalie Bull and Carrie Mason) in private children law disputes.
Our members often serve as ENE specialists and Arbitrators in Private law Children Act matters and Financial remedy matters encompassing, private FDR hearings, family property disputes (TOLATA) and Child related matters.
The 3PB family team is strongly dedicated to helping parties resolve their cases outside the courtroom when appropriate. With a backlog of 110,000 cases in the family courts and six- month delays for first hearings 3PB’s commitment to providing an alternative is unwavering.
3PB views non-court resolution as a better way when used for cases that are suitable, Clients can handpick their Judge and have their undivided attention at a venue and time of their choosing with no danger of late adjournments and lost fees.
Chambers provides dedicated suites across four of our six centres in London, Birmingham, Bristol and Bournemouth, equipped with hearing rooms and private conference/breakout rooms. While these appointments are typically held in chambers, we can accommodate remote sessions for parties located at a distance or internationally. We also offer "special measures" to ensure parties do not come into direct contact with each other, where requested. Our members are flexible and willing to attend appointments at mutually agreed locations across England and Wales, and even beyond, as needed.
Family Law Arbitration - An Operational Overview
Initiation
The couple initiates the arbitration process by completing and personally signing the ARB1FS (Finances) or ARB1CS (children) form. ARB1 extends an invitation to a Family Arbitration Panel member to resolve their dispute in alignment with the IFLA Rules and The Arbitration Act 1996. Please find the forms here and here.
Arbitrator Selection
The couple can mutually agree to nominate an Arbitrator or alternatively the Chartered Institute of Arbitrators/IFLA will choose a suitable arbitrator on their behalf. Upon signing ARB1, the couple formally commits to inviting an Arbitrator to make a decision (Award) for dispute resolution.
Scope Definition
In ARB1, the couple outlines the specific scope of their dispute intended for arbitration.
Arbitrator Engagement
The nominated or chosen Arbitrator contacts both parties to establish their terms for acting. Once terms are agreed, the Arbitrator formally accepts the appointment, initiating the arbitration process.
Procedural Planning
Through discussions with both parties, the Arbitrator establishes procedural steps, either following bespoke timetables or using the IFLA standard procedure. If needed, experts can be instructed jointly by the parties or by the Arbitrator, with the parties agreeing to cover the expert costs.
Hearing Process
Agreement or Arbitrator decision may lead to a hearing, providing both sides an opportunity to present their case. Agreed matters are incorporated into the Award, and the Arbitrator ensures a fair and impartial process.
The hearing process can be dealt with in two different ways:
- Paper-Based Arbitration – this involves the production of a written bundle which is reviewed by the arbitrator and a decision returned in writing.
- In-Person Arbitration – a prepared bundle is reviewed by the arbitrator but is followed up by an oral hearing. The decision is again returned in writing.
Award Presentation
The Arbitrator issues a written Award promptly, covering case details, reasoning, jurisdiction (Seat), and the Award itself. The Award is structured for immediate conversion into a consent order for court submission where and when required.
Binding Nature
The Award is legally binding on the parties, and appeals are limited to specific grounds such as jurisdictional issues or serious procedural irregularities.
Distribution and Implementation
The Arbitrator sends the Award to the parties upon payment of fees. The parties, along with their lawyers, implement the Award, seeking a court order if necessary, especially following financial scheme arbitrations.
If you would like to discuss arbitration and what the 3PB family team can offer please contact Robert Leonard or Ian Charlton who will be happy to help you with the process.
Our Family Barristers...
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3PB Barristers (3 Paper Buildings) are delighted to welcome leading family silk, June Venters KC, to its 80-strong team of family barristers as a full tenant. June Venters KC is a dual-qualified barrister and solicitor who brings with her over 40 years of experience in family law and children disputes. June was called to the bar in 2017, having been made the first woman solicitor QC in 2006. June is a qualified family mediator, civil...
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3PB family law barrister Alex Hodge, pictured here, is speaking on parental alienation at the 2024 Wiltshire Family Justice Board Conference, chaired by HHJ Wright, today Thursday 27th June 2024. Alex is the only barrister selected to speak at the conference and does so alongside the Rt Hon Lord Justice Baker, Lady Lansdowne, Naomi Owen of law firm Wansbroughs LLP, Juliana Tomegea and Rhiannon Thomas from Swindon Borough Council (SBC), Katy Burch from the Institute...
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3PB are delighted to announce that family law barristers Stephen Wildblood KC and Nathalie Bull have both qualified as Children Law Arbitrators, able to hear children cases. Both become members of the Chartered Institute of Arbitrators (MCIArb) and are now members of the specialist panel of family law arbitrators, managed by Resolution on behalf of the Institute of Family Law Arbitrators (“IFLA”). Stephen Wildblood KC (1980 call) practised as a specialist family barrister for 27...
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3PB are delighted to announce that family and education law barrister Aimee Fox has qualified as a Financial Remedy Law Arbitrator, able to hear divorce and family finance cases. She becomes a member of the Chartered Institute of Arbitrators (MCIArb) and a member of the specialist panel of family law arbitrators, managed by Resolution on behalf of the Institute of Family Law Arbitrators (“IFLA”). Aimee has an established practice specialising in financial remedies and private...
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3PB welcomes family barrister Emma Mabey from 2 Dr Johnson Building in the Temple, London where she has built a busy and varied public and private law family practice, focussing on disputes over children. She is regularly instructed to represent parents and local authorities in fact find hearings, DOLs and final hearings and represents all parties in increasingly complex cases. A former social worker, Emma spent 16 years in children and families social work, focusing...
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SE-Solicitors, with offices located in the heart of England in Banbury, Bicester and Brackley have been announced as a finalist for The Family Innovator Award in recognition of their new service called Divorce Together™. The British Family Law Awards celebrates excellence in the profession, bringing the family law community together for its biggest night of the year. The Family Law Awards recognises the important, valuable work of family lawyers across the country, and commemorates their...
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His Honour Stephen Wildblood KC, who retired as a Circuit Judge on Tuesday 21st November, has announced that he is joining national chambers 3PB (3 Paper Buildings) with immediate effect as an associate tenant. Stephen will be accepting appointments as a Private FDR Judge and, in relation to finances and children, as a mediator and early neutral evaluator. He is also intending to qualify as family law arbitrator in the immediate future. He will continue...
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National chambers 3PB (3 Paper Buildings) continue their Birmingham expansion with the recruitment of senior family finance barrister Roger Thomas from St Ives Chambers in Birmingham. Roger Thomas is a busy family barrister who has been representing litigants in financial remedy cases for nearly 25 years in disputes under the Matrimonial Causes Act 1973, the Civil Partnership Act 2004 and cohabiting couples under the Trusts of Land and Appointment of Trustees Act 1996. A financial...
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Top children expert Nigel Hawkins (pictured here), who qualified as a solicitor in 1994 and has over 25 years’ experience of advocacy in family law and specialises in public and private children proceedings, has joined the 80-strong family team at national chambers 3 Paper Buildings (3PB). A member of the Law Society's Children Law Accreditation Scheme, Nigel is a regular favourite of court-appointed Children's Guardians - and the former head of the Child Care Department...
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We are delighted to announce that former Circuit Judge His Honour Martin Dancey, pictured here, is to join 3PB with immediate effect. An Associate member of chambers, Martin Dancey will be accepting appointments as a Private FDR Judge and is offering a conciliation and early neutral evaluation service in private law children cases, helping families find solutions. Hamish Dunlop, Head of 3PB's Family Finance team, said: "As the Designated Family Judge on the South Coast,...
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3 Paper Buildings (3PB) is delighted to welcome family barrister Komal Patel [2016 call] from Senate House Chambers in Northampton, who earlier had established a successful practice on the South-East Circuit. Komal Patel, pictured here, has a busy practice in family disputes (private and public law children), often involving complex facts and serious allegations of domestic abuse, and also has a strong practice focused on matrimonial finance. She has an interest in cases involving mental...
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Family law barrister Harriet Lavis, pictured here, has moved to 3PB (3 Paper Buildings) from Guildford Chambers where she has been since completing her pupillage with the set. A former paralegal with Bevan Brittan, Harriet spent over a year on secondment at the Department of Health and is now a private law children and family financial disputes expert. Harriet already has a strong family law practice focused on private law children, family finance disputes, domestic...
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