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United Kingdom
United Kingdom
Key definition
Family arbitration definition What does Family arbitration mean? Family arbitration is a private ADR process in which parties to a family dispute appoint an independent specialist to decide specified issues instead of a judge, producing a binding award or determination that can be converted into a court order. It is a descriptive term. In England and Wales it runs under the Arbitration Act 1996 and the IFLA schemes; in Scotland under the Arbitration (Scotland) Act 2010 (via FLAGS); in Northern Ireland under the Arbitration Act 1996; and in Ireland under the Arbitration Act 2010. Typical uses include financial remedies on divorce/dissolution, cohabitation/property and maintenance claims, Schedule 1 claims,...
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Family arbitration in England and Wales: scope, IFLA finance and children schemes, procedure, arbitrator powers, safeguarding, solicitors’ roles, and court approval/challenge routes
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Practice notes
This Practice Note sets out how Arbitration operates in family matters, available for financial Disputes from March 2012 and for children issues from July 2016. It reviews, in particular, the applicable rules, explains the part played by a solicitor acting for a party in achieving a binding arbitration, and highlights the principal benefits of arbitration. It also describes the reach and application of the Institute of Family Arbitrators (IFLA) scheme and the arbitrator’s powers. For practical guidance on the courts’ role and approach in relation to arbitral awards or determinations, see Practice Note: Family arbitration—the role of the courts.
What is arbitration?
Arbitration is a formal method of dispute resolution in this context. The parties enter into an agreement by which they appoint a suitably qualified individual (an arbitrator) to decide their dispute and issue an award. Family law disputes have been arbitrable and within scope since 26 March 2012, following the launch of the Institute of Family Law Arbitrators (IFLA). The IFLA is a collaborative initiative formed between Resolution, the Family Law Bar Association (FLBA), the Chartered Institute of Arbitrators (CIArb) and the Centre for Child and Family Law Reform (CCFLR)...
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Web page updated on 21/05/2026
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