Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

The President delivers Arbitration Guidance following through his S v S process endorsement

Sep 29, 2018, 22:46 PM
family law, arbitration, mediation, resolution week, a better way, divorce, S v S, practice guidance, Munby P, The President
Practice guidance on arbitration in the family court, issued yesterday (24 November 2015) by Sir James Munby, President of the Family Division, is a key development in family law and emphasises the importance of family arbitration.
Slug : the-president-delivers-arbitration-guidance-following-through-his-s-v-s-process-endorsement
Meta Title : The President delivers Arbitration Guidance following through his S v S process endorsement
Meta Keywords : family law, arbitration, mediation, resolution week, a better way, divorce, S v S, practice guidance, Munby P, The President
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 24, 2015, 08:20 AM
Article ID : 110987

Practice guidance on arbitration in the family court, issued yesterday (24 November 2015) by Sir James Munby, President of the Family Division, is a key development in family law and emphasises the importance of family arbitration.

The short but comprehensive practice guidance deals with various issues including the stay of financial remedy proceedings already underway in the family court and how an arbitration award is to be turned into a consent order. It comes with a suite of template orders.

The President repeats what he said in S v S, namely that where the parties are putting the matter before the court by consent, it can only be in the rarest of cases that it will be appropriate for the judge to do other than approve the order.

Divorce solicitor and family law arbitrator, Tony Roe, of Berkshire-based Tony Roe Solicitors said,

‘Back in January last year, 2014, in S v S [2014] EWHC 7 (Fam) the President set the lights at green for family law arbitration when he endorsed the scheme. At the end of the judgment he said, “Drafts of templates for such orders have been produced for consultation as part of the Family Orders Project being managed by Mostyn J. But alongside these innovations the need for procedural adaptation is becoming increasingly pressing. Whether such topics are most appropriately dealt with by rule changes (for example to the Family Procedure Rules 2010 and/or the Civil Procedure Rules 1998) or by the issue of Practice Directions or Practice Guidance is a matter for consideration”.This further endorsement of the family law arbitration scheme by the President was deliberately launched by him at the start of Dispute Resolution Week. He stresses that the Family Court has an obligation under FPR 3.3(1)(b) "where the parties agree, to enable non-court dispute resolution to take place."
Family law arbitration offers speed, flexibility and confidentiality. Court delays are increasing, upping the cost of "traditional" litigation.
With the key launch of the practice guidance many more family lawyers will realise that family law arbitration is a very real option.'
Sir Peter Singer, member of FamilyArbitrator, commented:

'The tenor of the document is strongly supportive of the process and the practice and constitutes essential reading for all professionals concerned with the conduct of an IFLA arbitration.'

The President also adds that it may be more appropriate for some arbitration awards, eg relating to the Trusts of Land & Appointment of Trustees Act 1996, to be brought (if necessary) before a court which does not exercise family jurisdiction.

The full guidance on Arbitration in the Family Court is available to download here.
Categories :
  • News
Tags :
arbitration
Authors
Provider : Family Law
Product Bucket :
Load more comments
Comment by from