Children Law has undergone many developments since the 1989 Children Act came into force. However, one of the most significant developments in recent years has been alternatives to Court. The latest alternative to Court is Arbitration.
Arbitration in Children Law
Specially trained lawyers known as Children Law Arbitrators are able to take referrals to assist parties who do not wish to participate in Court proceedings but feel that an independent third party making decisions about their children, where they cannot agree, is the right way forward.
Both parties need to sign up to Arbitration and both parties need to agree that they will be bound by the Arbitrators decision making.
Arbitration can be used in any type of children’s law dispute, such as how much contact they should have with the parent they do not live with, or whether or not they should attend a certain school. If there are difficulties over surnames that also can be decided.
There is nothing – with the exception of Public Law proceedings – that an Arbitrator cannot be used for.
The benefits of Arbitration are:
a) As Arbitration is not Court proceedings it can therefore remain private.
b) Because both parties agree to be bound by the Arbitrators decision there is no likelihood of matters being appealed.
There are cost implications as Arbitration has to be privately funded.
At The Family Law Company we have two Arbitrators, Norman Hartnell and Vanessa Priddis.
If you are interested in Arbitration as a means of resolving any dispute involving children, then please contact us for more information.
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