In October 2020, the Court of Appeal rules that Family Law courts can overrule family arbitration rulings.
So what does this mean?
Covid-19 is currently having a major impact on all aspects of the judiciary system. The Court of Appeal decision could help solve the current backlog of cases relating to financial claims. Couples will now be able to choose private arbitration as a way of resolving their case and bypassing the family law courts backlog, but importantly will not lose any rights of appeal.
Private arbitrations are supported via the Institute of Family Law Arbitrators (IFLA) which was setup by arbitrators and lawyers in 2012. The Court of Appeal’s decision is intended to provide confidence to potential users that the arbitration process allows a process of appeal should either party feel decision is unjust.