NCDR - What's it all about?

In order to qualify as an IFLA Arbitrator, applicants need a minimum of 10 years specialist experience in family law. They must have two referees, and then undergo rigorous training. 

Each of our arbitrators has at least 20 years' experience in the field.  They have represented clients in a wide range of cases often involving complex legal elements.

In addition to that, our members train other professionals, lecture, mediate and keep up to date with the latest in legal practice. 

Much will depend on the specifics of the case, such as the number and complexity of the elements that require a determination or award.  Some cases may only take a few weeks, others may take a couple of months. 

We take an active role in managing all of our cases, and will let you know what we need and when. You may need time to gather information and documents, or to instruct experts or lawyers. Usually we will have a short initial meeting, and then case management hearings as things progress, but it will depend upon the circumstances of your case.

The beauty of the arbitration approach is that it will be tailor made for you, so you will always know what to expect, and when.

We recommend that that you have a look at our profiles, so that you can find the right fit for your case, and then have a chat with us. It's perfectly reasonable to speak with more than one arbitrator.  

Hopefully you will be able to settle on your chosen arbitrator by consent.  If not, you can ask IFLA (Institute of Family Law Arbitrators) to select one for you. You might even wish to each offer two suggestions, and let IFLA make the final decision. 

Once the arbitrator has made a decision, that decision is binding on you and the other person. You can then apply to the court to have its terms made enforceable by a court order. This is usually a quick and straightforward procedure where the arbitrator’s decision is respected without the need for the court to look at the merits of your case all over again.

The arbitrators decision is binding on you and the other person. It will be usually be embodied into a legally binding court order, and this can be enforced if not complied with.

The arbitrators decision is binding on you and the other person. It will be usually be embodied into a legally binding court order, and this can be enforced if not complied with.

Each of our members will talk you through the likely costs of your case, after having heard and understood exactly what it will involve. It is difficult to say what that might be, but you can be confident that it will be far less than a court application.

When considering cost, try and factor in all the costs and speak to all of the professionals that are involved in your case. 

For example, you may need:-

1. a lawyer to help you prepare the papers, and to help you implement the eventual decision

2. a financial advisor to assist with preparing mortgage calculations or income planning

3. tax advice, for example, Capital Gains Tax

4. a barrister to speak on your behalf

5. an independent social worker to prepare a report

6. a pensions on divorce expert (PODE) to prepare information about your pensions.

Your arbitrator will give you more of an understanding of what to expect, especially if you don't have a solicitor.

In our resources section we've provided an example of a determination in a children case. the facts are names are fictitious. 

In that section you'll also see what a typical preamble (recital) to a court order confirming an arbitrator’s award (financial remedy cases) or determination (children cases) looks like. The order itself would be similar or identical to the order which the court itself would have made had the typical court process been followed.