Surely it is time to embrace child arbitration?
With family court delays now further exacerbated by Covid-19, why are we not using child arbitration in far more cases?
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Broad range of information for professionals and practitioners in family law and justice.
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Introducing: The Certainty Project
This new process option combines the certainty and timescales of arbitration, with mediation’s potential for self-determination and constructive negotiation.
Will judicial encouragement of the use of virtual courts and private FDRs lend a steer to the new child arbitration extensions?
On 17 March 2020 the Family Division noted in a statement that “there is an urgent need to increase the use of telephone and video technology immediately to hold remote hearings where possible. Emergency legislation is being drafted which is likely to contain clauses that expand the powers in criminal courts to use technology in a wider range of hearings. The Civil Procedure Rules and Family Procedure Rules provide for considerable flexibility. We also encourage you to work with your local court staff to identify work which could be done from home.”
The pros and cons of early neutral evaluation
In this article for The Review Mei-Ling McNab reports back on "The pros and cons of early neutral evaluation" presentation from the DR Conference 2019.
Correcting an arbitration award: how far can the arbitrator go?
This was the main question which arose for determination in H v W [2019] EWHC 1897 (Fam), in which deputy High Court judge Clare Ambrose carried out a detailed analysis of the scope of s57 of the Arbitration Act 1996, in the context of a financial arbitration under the IFLA scheme.