Roe: Waving the FLAG
A new group promoting family law arbitration says one of the biggest barriers in its way is the public perception that it is designed “for the rich”.
Tony Roe, spokesperson for the Family Law Arbitrators Group (FLAG), said arbitration could save ordinary people “tens of thousands of pounds” if it meant they did not have to wait eight or nine months for a court hearing.
Mr Roe, a partner and financial remedies arbitrator at Dexter Montague in Reading, said: “Time is money. If you’re waiting for a financial remedy hearing for months you may have to update disclosure and valuations and possibly the pensions report – all of which are additional expenses”.
He said it was up to individual arbitrator to set their fees, but he recently quoted £3,000 to £4,500 plus VAT for the first day of a two-day arbitration, with the second day at half that amount.
Arbitration was introduced into family law in 2012 for financial remedy cases and 2016 for cases involving children. Since the spring of 2024, family litigants applying for a court order have been required to explain whether they used non-court dispute resolution and face costs penalties if they could not.
He said there had been “several hundred” successful family law arbitrations since 2012.
However, he was concerned that statistics published in March showed a 13% increase in family remedies applications in the last quarter of 2025, “when the whole point was that fewer were meant to go to court”.
Mr Roe said courts were cancelling hearings because of a lack of judges or listings problems. “The court system is not in a happy place – it’s falling apart, basically.”
Mr Roe said the Institute of Family Law Arbitration, backed by Resolution and the Family Law Bar Association, existed as an administrative support for arbitrators and a source of rules, but was not “the fast-moving motor boat” that was needed.
He added that litigants in person could in theory go to arbitration but he would not accept them as one of the parties because it was important that all the bundles he received were properly prepared.
The members of FLAG are all trained family law arbitrators and include barristers, solicitors and a judge.
Co-founder Rebecca Hawkins, who runs south-coast law firm Family Solutions and is an arbitrator in child-related cases, said: “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’.”
Ms Hawkins went on: “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.
“We also recognise the need to ensure that arbitration remains inclusive and adaptable. Not all cases or clients will be suitable for arbitration — but many more could benefit than currently do.”
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