Standard IFLA model forms used to commence family
arbitration: ARB1CS for children issues and ARB1FS for financial remedy disputes. By signing, the
parties agree to arbitrate their dispute (or specified issues), appoint or request appointment of an arbitrator, and accept the applicable IFLA Family Arbitration Scheme
rules (Children Scheme or Financial Scheme). These are practice documents, not defined in legislation, but they operate within the general arbitration frameworks (Arbitration Act 1996 in England and Wales/Northern Ireland; Arbitration (Scotland) Act 2010; Irish Arbitration Act 2010).
Key features typically include: identification of issues and scope; agreement on the seat and governing law; the arbitrator’s jurisdiction; procedure; confidentiality; costs; and an undertaking to be bound by the award/determination, with an agreement to apply to court where necessary.
In England and Wales, financial awards are usually embodied in a consent order, and children determinations are put before the court, which retains welfare oversight. Usage is broadly consistent in principle, but practice differs by jurisdiction: the IFLA scheme is principally used in England and Wales; Scotland commonly uses the FLAGS scheme with its own forms; practice in Northern Ireland and Ireland varies and local rules should be checked. These forms are central to creating a binding family...