No 18 Children’s Arbitration & Resolution

At No.18 Chambers, we pride ourselves on being forward thinking. Whether its adjudication, arbitration, mediation, expert neutral evaluation or a combination of these, our barristers have the skills and experience to maximise the chances of a positive result. We have developed one of the strongest and diverse local Family and Civil teams, at both senior and junior levels. In our continuing commitment to Family and Civil law we have a range of non-court based ways of resolving disagreements which can often result in saving money, time and most importantly reducing the stress levels that can often be associated with litigation.

The court-based arena has an excellent history at bringing disputes to an end quickly and efficiently. We are confident these out of court solutions can equal this.

Our solutions are as follows;

  • Children’s Arbitration
  • Private FDR/ Early Neutral Evaluation
  • Private Dispute Resolution / Early Neutral Evaluation
  • Round Table Meetings/Joint Settlement Meetings
  • Single Joint Experts
  • Dispute Resolution Suite or Round table meetings/joint settlement conferences (Matrimonial Finance, Children, Civil, Employment)
  • Merits, Advice, Drafting and Support Package:

Children Arbitration

No18 Chambers offers a new service of Children Arbitration under the Institute of Family Law Arbitrators (‘IFLA’) Scheme. The Family Law Arbitration Scheme was launched by the Institute of Family Lar Arbitrators (IFLA) created by the Chartered Institute of Arbitrators, Resolution, the FLBA and the Centre for Child and Family Law Reform.

Family Arbitration is a form of Alternative Dispute Resolution, offering parties an alternative to going to court. All arbitrations will be conducted in accordance with the IFLA Rules and the provisions of the Arbitration Act 1996.

Children Arbitration can be used to determine Child Arrangements, issues with schooling, holidays, or relocation. Children Arbitration is not an option where there are issues in relation to safeguarding such as domestic abuse, drugs/ alcohol problems or mental health issues or disputes concerning child abduction or life-threatening issues. Children Arbitration requires the parties to provide safeguarding information at the outset.

There are a number of advantages of using arbitration-

  • Flexibility and greater choice.
  • Informality
  • Speed
  • Cost effective
  • Remote or in person
  • Tailor made to your case

During the hearings, the parties can agree directions including experts or in the alternative this can be determined by the arbitrator. The arbitrator can hear evidence and submissions from the parties, reaching a decision which will be binding on the parties. The parties will receive a written determination, confirming the reasons for the decision. The parties can then submit an order to court for approval.

The parties pay their own costs, any costs of any experts and the costs of the arbitrator.

To assist the parties and their representatives, Katherine offers an initial zoom chat with both solicitors to explain the process.

For more information contact our clerking team.

To read Katherine’s article about challenging children act arbitrations click here http://www.no18chambers.com/news/newsarticle/484

Arbitrator:

Katherine Henry (2008)


Private FDR/Early Neutral Evaluation

No18 Chambers are delighted to be able to offer private FDR’s. FDR’s are fundamental part of the financial remedy process, giving parties the opportunity to resolve issues between them. It is a hearing for the purposes of discussion and negotiation. All parties have the opportunity to put their case to an evaluator, asking for realistic indications. An evaluator is then able to give an independent indication as to what is a fair settlement in accordance with the s25 criteria and what the court would likely order.

In the current environment, pressure on the courts results in parties waiting many months for a hearing date. This puts both emotional and financial pressure on the parties. A private FDR avoids long delays and allows sufficient time and expertise to assist the parties in reaching an agreement that can then be made into a final order.

As in a court FDR, the evaluator encourages the parties towards settlement giving a clear view on the likely outcome if the dispute were to go to court. This is not a tool that is simply used for the big money cases. This can be an effective tool for all cases. By limiting delay and litigation, all parties reduce their costs.

The length of the private FDR can vary and parties may choose to be represented by solicitors or counsel. They can take place prior to proceedings being issued and if necessary can run in parallel.

The evaluator will give guidance on the range of options and outcomes. Matters can be discussed on without prejudice basis. If the parties agree matters, then a consent order can be drawn.

Early Neutral Evaluation is also available to parties in cohabitee and property disputes.

If budgets are tight, other options can be offered to reduce costs. No 18 Chambers can offer couples wishing to achieve a negotiated settlement can obtain a joint written advice or meet with a barrister at an early stage in conference to identify a fair order. The instruction can be limited to an indication on one key issue.

The advantages of a No.18 Chambers private FDR provides:

  • Flexibility.
  • They can happen before court proceedings are started or at any stage during the court process.
  • There is very little delay in waiting for a date.
  • The parties have the power to choose an evaluator in whom they and their lawyers have confidence.
  • The evaluator is an expert who will have read the papers thoroughly in advance and who will be able to give the parties the time which they may need in order to resolve the dispute; and assistance with drafting if required.
  • The prospects of settlement are increased where the parties elect to have a private FDR as the facilitator will have pre-read the papers and will be available for the whole duration.
  • Where appropriate and the parties agree, it can be conducted on paper only.
  • If further time is needed on a different day, the parties can elect to continue the Private FDR without being reliant upon court listing.

Evaluator:

Ian Wheaton (2002)

Nigel Cholerton (2007)

Katherine Henry (2008)

For further information please contact our clerks on 02380 736 812


REMOTE: PRIVATE DISPUTE RESOLUTION (CHILDREN DISPUTES)

No18 Chambers are delighted to be able to offer a Private Dispute Resolution. Private Dispute Resolution can be particularly effective in disputes relating to children.

Private Dispute Resolution is a useful tool in assisting parties, provided there are no safeguarding concerns.

An evaluator is able to listen to each of the parents, their concerns and suggestions, and offer parents an opinion as to the view of the court. Parents can be represented by solicitors or counsel.

This can avoid delay, avoid conflict and provide security for children. It can prevent children from not seeing a parent for a number of months.

If budgets are tight other options can be offered to reduce costs. No 18 Chambers can offer a scheme where couples wishing to achieve a negotiated settlement can obtain a joint written advice or meet with a barrister at an early stage in conference to identify a fair order. The instruction can be limited to an indication on one key issue.

The advantages of a No.18 Chambers Private Dispute Resolution/ Early Neutral Evaluation:

  • Flexibility.
  • They can happen at any stage during the court process.
  • There is very little delay in waiting for a date.
  • The parties have the power to choose an evaluator in whom they and their lawyers have confidence.
  • The evaluator is an expert who will have read the papers thoroughly in advance and who will be able to give the parties the time which they may need in order to resolve the dispute; and assistance with drafting if required.
  • It can deal with all or any aspects of the dispute which the parties wish.
  • If further time is needed on a different day, the parties can elect to continue the Private DR without being reliant upon court listing.
  • Clear guidance can be given as to suitable arrangements and what order is likely to be made if the matter proceeds in a court arena.

Evaluator:

Katherine Henry (2008)


REMOTE DISPUTE RESOLUTION SUITE: ROUND TABLE MEETINGS/JOINT SETTLEMENT CONFERENCES (EMPLOYMENT & CIVIL MATTERS)

At No.18 we are able host all parties in our virtual Dispute Resolution Suite consisting of a ‘evaluators’ room, private conference rooms and a breakout area. This allows us to accommodate round table meetings/joint settlement conferences between lawyers with a view to resolving Civil and Employment disputes between parties. No18 offers experts at all levels to assist with this process and will provide the accompanying remote technology to facilitate these meetings.

If budgets are tight other options can be offered to reduce costs. No 18 Chambers can offer a scheme where parties wishing to achieve a negotiated settlement can obtain a joint written advice or meet with a barrister at an early stage in conference to identify a fair order. The instruction can be limited to an indication on one key issue.

The advantages of using the No.18 Chambers Remote Dispute Resolution Suite:

  • Flexibility.
  • They can happen at any stage during the court process.
  • There is very little delay in waiting for a date.
  • It can deal with all or any aspects of the dispute which the parties wish.
  • Clear guidance can be given as to suitable arrangements and what order is likely to be made if the matter proceeds in a court arena.

As always, barristers are well used to maintaining confidentiality between cases.


MERITS, ADVICE, DRAFTING AND SUPPORT PACKAGE:

No.18 are delighted to offer our new Merits, Advice, Drafting and Support package for all types of Civil, Employment and Family cases. No.18 can offer various fee schemes to help meet your lay clients budget and always happy to give a fixed price on a case to case basis.

Our Barristers will provide at your request:

  • Merit assessment & Advice (on liability, quantum and evidence);
  • Applications
  • Pleadings
  • Defence’s
  • Drafting ET1’s & ET’3
  • Telephone or (if needed) virtual conference with solicitor and client;
  • Assistance with ad hoc queries by phone or email where reasonably required.

For further information please contact our clerks on 02380 736 812

Barristers practicing in this area

No 18 Children’s Arbitration & Resolution barristers