Family Law Arbitration

At 3PB, we offer expert Family Law Arbitration to provide a swift, cost-effective, and confidential alternative to court proceedings. Our experienced arbitrators handle both Private Law Children and Financial Remedy disputes, ensuring tailored solutions that put the needs of families first.

Why Choose Arbitration?

• Faster resolution – avoid court delays and resolve disputes on your timetable
• Confidential process – a private forum, protecting sensitive family matters
• Tailored approach – you choose your arbitrator and set the pace of proceedings
• Binding decisions – provides certainty, with enforceable outcomes

The Arbitration Process

Whether you are a solicitor guiding your client or a lay client considering arbitration, the process is designed to be straightforward.

1. Agreement to Arbitrate

• Both parties agree to resolve their dispute through arbitration and sign an arbitration agreement.
• An arbitrator is appointed from 3PB’s panel of experts through IFLA.
• Once the ARB1 (FS) financial scheme, or the ARB1 (CS), is signed you are confirming you are entering into a binding agreement to arbitrate. It is important to note that you cannot renege on this agreement. This will be explained by your solicitor before you sign the agreement.
• The ARB1 (FS) and the ARB1 (CS) must set out the dispute to be arbitrated.
• A case management hearing is necessary to ensure that all areas of the dispute are covered, and a timetable is set for the hearing.
• Arbitration is bespoke to the parties and more flexible than a formal court hearing.

2. Preparation and Case Management

The arbitrator will set out the procedure, usually mirroring court directions or, if appropriate, it may be possible to adopt a more flexible approach. The process can be in-person, remote or entirely paper-based, depending on the needs of the parties.

3. The Arbitration Hearing

The hearing can take place at 3PB at one of our centres in London, Birmingham, Bournemouth, Bristol, Oxford or Winchester. The time and place can suit both parties.

Evidence is presented, and arguments are heard—just as in court but with a more efficient and focused approach.

4. The Decision (Award or Determination)

• In Financial Remedy cases, the arbitrator issues an Arbitration Award, which the parties can convert into a court order.
• In Private Law Children cases, the arbitrator makes a Determination, which the court will approve.
• The arbitrator’s Award (Financial Remedy, TLATA, Schedule 1 and Inheritance Act cases) and the Determination (Children Scheme) are binding upon the parties and enforceable at court.

Who is Arbitration Suitable For?

• Parents resolving disputes over child arrangements
• Separating couples seeking financial settlements
• Those looking for a confidential, efficient, and tailored alternative to litigation

 

Family Proceedings Rules Part 3 and Part 28

Whilst not mandatory, from April 2024, the Family Procedure Rules Part 3 and Part 28 require the parties to explain to the court why NCDR is not being used to resolve disputes. The court can use its powers to adjourn the case to NCDR, NA v LA [2024] EWFC 113. Consideration of NCDR by the parties and their legal advisors is crucial at an early stage. There are likely to be costs consequences if the parties do not make appropriate use of NCDR.

The FPR Part 3 and Part 28 can be found here:

Procedure rules part 03

Procedure rules part 28

 

Further Guidance and Information

One of the objections to arbitration has been that if the client does not like the result, then it can fall on the solicitor for recommending the arbitrator. We can be confident that all arbitrators must have at least 10 years’ experience in their field. In financial remedies cases it must make up a significant part of their work.

The case of Haley v Haley [2020] EWCA Civ 1369 and A v A (Arbitration: Guidance) 2021 EWHC 1889 (Fam) have confirmed the procedure where there is an appeal or a challenge to an award. The correct test in Family Law Arbitration is the appellate test governing appeals against a judge’s decision under FPR 30.12(3)(a): (3) The appeal court will allow an appeal where the decision of the lower court was –(a) wrong; or(b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court. There is not a significant amount of guidance, but the legal principles have been applied in the recent case of Re A and B (Schedule 1: Arbitral Award: Appeal) [2024] EWHC 778 (Fam).

In A v A (above), Mostyn J emphasised that challenges to the substance of an arbitral award should be treated similarly to appeals from a District Judge to a Circuit Judge, applying the same principles. In applying these principles, he dismissed the husband's challenges to the award. Mostyn J outlined that the permission to appeal stage should be handled as a "triage" exercise based on paper submissions, and he also set out the necessary procedural steps for making such an application, D11 with appended grounds, a skeleton argument of no more than 20 pages, a pro-forma gatekeeping order for use in these cases, a copy of the arbitral award. Time for any appeal/challenge is 21 days, including the date the award was handed down.

 

Reading Material

IFLA - Application for Family Arbitration

IFLA - Arbitrators

IFLA - Public

IFLA - Financial Scheme Rules

IFLA - Rules CS April 2020

 

Facilities

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.

 

Watch our Introduction to Arbitration series!

3PB Barristers Family Law Arbitrators - Introduction to Arbitration
Arbitrators from 3PB Barristers' family law group outline how and why arbitration in family law disputes is becoming increasingly widely-used.

Family law arbitration: an essential guide for solicitors
Arbitrators from 3PB Barristers' family law team outline how solicitors can use the process to assist their clients.

How arbitration can help divorcing couples to settle disputes
3PB Barristers' expert team of family law arbitrators explain how going through arbitration can help you to resolve your dispute on divorce much more quickly and cost effectively than going to court. Whether there are several issues to be resolved, or a single pint, arbitration can help whether the problem is to do with finances or children.

 

Family law arbitration: an overview
Statistics and information about the use of arbitration in family law (accurate as of May 2025) outlined by Stephen Wildblood KC.

What's the difference between mediation and arbitration in family law?
June Venters KC explains the difference and how these different forms of non-court-based-dispute resolution can assist divorcing couples.

How does arbitration work in family law?
Your two-minute guide to the steps involved in running an arbitration in family law.

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.