More tools for the arbitrator’s toolkit: Pre-engagement questionnaire and first meeting checklist.

FamilyArbitrator has produced two helpful new documents for the use of arbitrators and parties engaging in family arbitration.

The pre-engagement questionnaire is designed to be used by the arbitrator prior to formally accepting the appointment to arbitrate. It seeks to gather some further core information from the parties to supplement the contents of Form ARB1. The information will allow the arbitrator to form a clearer view as to what the arbitration will involve. It may be particularly useful where the parties are seeking an indication as to the arbitrator’s likely fees for the arbitration, especially if consideration is being given to seeking to deal with the whole or part of the arbitration with fixed or capped fees.

The first meeting checklist is a longer document which can be used solely by the arbitrator as a private aide-memoire when dealing with the first meeting or directions stage of an arbitration. More usefully, we think, the arbitrator may invite the parties to complete this document prior to the first meeting / directions hearing with a view to more rapidly identifying the issues and possibly even assisting the parties in reaching agreed directions to put before the arbitrator for approval.

Neither document is mandatory for use and many arbitrations will proceed perfectly well without recourse to either but we hope they are useful extra tools in the arbitrator’s toolkit.