In November 2015, Sir James Munby, President of the Family Division of the High Court (the most senior Family Law Judge) issued guidance to practitioners on the interface between arbitration and court proceedings.
We have attached the Practice Note as a downloadable PDF below.
The practice note directly relates to the use of arbitration to resolve financial disputes. However the planning for the introduction of the Arbitration Children Scheme was already well underway by this stage. It was indeed Sir James Munby,
who was the keynote speaker at the launch of the children arbitration scheme. It is inconceivable that the principles supporting the use of arbitration contained within the practice note will not be applied to children cases. In other words the Court’s will respect the choice of couples to arbitrate and the decisions that flow from this choice.