Family law arbitrators group launched

The Family Law Arbitrators Group (FLAG) has been established as the first organisation of its kind in England and Wales, bringing together a network of experienced solicitors and barristers who are qualified family law arbitrators from various locations across the country. This initiative is designed to improve public access to family law arbitration and support practitioners in delivering effective private dispute resolution.

Founder Rebecca Hawkins of Family Solutions Now, based in Havant, explains “FLAG is a new initiative aimed at improving public access to family law arbitration and supporting practitioners in delivering effective private dispute resolution. Our objective is clear: to raise awareness, improve transparency, and make arbitration more accessible to those who could benefit from it. We all believe that arbitration should be a more mainstream option within the family justice system, not a niche remedy reserved for those ‘in the know.”

Tony Roe, a FLAG spokesperson from Dexter Montague LLP in Reading, elaborates on the significance of arbitration by stating, “Arbitration has offered an attractive alternative to the court for over a decade — particularly for separating families seeking timely, cost-effective and confidential resolution of financial or child-related issues. Yet, despite its benefits and established legal framework (with the UK often being referred to as the arbitration capital of the world), arbitration remains underused and, in some cases, poorly understood. It is not just the preserve of the rich and famous, who want to ensure privacy – arbitration is, as noted, a cost-effective way of helping couples move forward.”

FLAG’s membership comprises Resolution members who have extensive expertise in family law and share a commitment to promoting high standards in the arbitration process. All members are qualified CIArb family law arbitrators who bring together expertise across various sectors, including financial remedy and children’s cases. Their collective goal is to improve the visibility of the arbitration process and offer practical resources for both the public and fellow professionals.

Education is a key priority for FLAG. Many separating couples may not be aware that they have the option to appoint an arbitrator to make binding decisions outside of court, often faster and with greater control over timing and scope. Hawkins highlights that “arbitration doesn’t have to be used to decide the entire case; it is also very useful for deciding discrete and ‘sticky’ points.” The organisation aims to produce accessible materials, FAQs, and case studies that demystify the arbitration process and illustrate its benefits in real-life scenarios.

Hawkins adds, “Alongside this, we are working to support legal professionals to confidently encourage clients into arbitration. By building a network of trusted practitioners, sharing developments in case law and procedure, and offering peer support, FLAG hopes to serve as a valuable resource to the wider family law community.”

The need for inclusivity and adaptability in arbitration is also emphasised. While not all cases or clients may be suitable for arbitration, many more could benefit from the alternative resolution method. “We are exploring how different models of arbitration, including using early neutral evaluation, streamlined hearings, and mediation, might be tailored to better meet the needs of modern families” concludes Hawkins. As FLAG embarks on its mission, it seeks to broaden the understanding and acceptance of arbitration within the family justice system, making it a viable option for more families in need.