IFLA rules meaning

IFLA rules are the procedural rules used in family arbitration to resolve private law children issues and family financial disputes in England and Wales under the Institute of Family Law Arbitrators (IFLA) schemes. They are contractual rules operating alongside the Arbitration Act 1996, and their interaction with the courts has been clarified by case law, notably S v S [2014] EWHC 7 (Fam) and Haley v Haley [2020] EWCA Civ 1369. There are two sets: the IFLA Children Scheme Rules 2021 and the IFLA Financial Scheme Rules 2021 (as amended). Key features include: scope of arbitrable issues; appointment and duties of the arbitrator; seat and governing law (typically England and Wales); case management; confidentiality; powers to give directions and make a final decision; and costs. In financial cases the arbitrator makes an award that parties usually invite the court to convert into a consent order; in children cases the arbitrator issues a determination for court approval, with the court retaining welfare oversight. Challenges and appeals follow the limited routes recognised in Haley v Haley. Usage is primarily in England and Wales. Scotland uses the Arbitration (Scotland) Act 2010 and the FLAGS rules. In Northern Ireland and Ireland, the term “IFLA rules” is...