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Family Law

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Court of Protection Practice and Procedure Conference 2016

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05 NOV 2012

Arbitration in family financial proceedings: the IFLA Scheme: Part1

Sir Peter Singer

Family Dispute Resolution Facilitator and Arbitrator, 1 Hare Court:

Sir Peter Singer contributes an article describing aspects attributes advantages alternatives and the autonomy which arbitration can afford to those parties for whom a negotiated outcome to their financial issues cannot be resolved through negotiation, mediation or collaboration.

This is the first of a two-part article (expanded from a chapter contributed to the recently-published 3rd edition of Unlocking Family Assets on Divorce) and the topics covered include an overview of the IFLA Scheme, its juridical framework and the interface between the Arbitration Act 1996 and the Scheme Rules, how to identify suitable cases for the arbitration treatment, submitting a dispute to arbitration, the Award and costs, and some of the potential benefits of arbitration as against court proceedings.

Sir Peter (with his co-editors jointly voted Most Innovative Family Lawyer of the Year 2012 for their pioneering work in establishing FamilyArbitrator.com as an information platform for arbitration) will in the second part of the article to be published next month describe the symbiotic relationship which the family courts will develop in support of arbitration, and the wide range in value and complexity of disputes suitable for arbitration - from the modest through the middle-income to the rich and famous, all and any of whom may be drawn to the process for its speed, potential economies, confidentiality and assured outcome.


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