As family courts face mounting pressure and delays, arbitration is emerging as a compelling alternative for resolving disputes concerning children. In this article, Felicia Munde examines the role arbitration can play in dealing with children matters on divorce.

While traditionally associated with financial matters, the Family Law Arbitration Children Scheme, administered by the Institute of Family Law Arbitrators (IFLA), enables separating parents to resolve private law issues through a confidential and flexible process away from the courtroom. These issues include living and contact arrangements, education, relocation and matters of parental responsibility.

Under this scheme, parties appoint a qualified arbitrator to determine their dispute. The arbitrator’s decision, known as a “determination”, is binding and can be converted into a parenting plan or formalised by the court if necessary. Unlike mediation, which facilitates agreement where it is achievable, arbitration imposes a resolution shaped by the parties’ respective positions and specific to their needs and those of the children involved.

Recent surveys show a growing appetite for non-court dispute resolution (“NCDR”), with many families citing reduced stress, cost and time as key benefits. Arbitration offers privacy, continuity and control over the process, including choice of venue and hearing format. Safeguarding remains paramount: the parties must complete a safeguarding questionnaire, and relevant disclosure should be obtained before arbitration begins.

While not necessarily suitable for all cases, such as those involving public law issues or serious safeguarding concerns, arbitration provides a valuable route for families seeking timely, child-focused outcomes. It enables families to avoid the inevitable delays caused by our overburdened court system and achieve earlier resolution of disputes in their children’s best interests. As our legal landscape continues to embrace more collaborative approaches, arbitration stands as a vital tool in the evolving landscape of family justice.

Stewarts works with many leading arbitrators, including Her Honour Judge Judith Rowe KC MCIArb of 1 Kings Bench Walk, who has specialised in cases concerning children for more than 25 years. As the Designated Family Judge at West London Family Court for eight years, she has represented parties in the most serious private and public law cases.

Her Honour Judge Judith Rowe KC says:

“Already well established in resolving financial disputes, arbitrators in children matters offer a fast, focused route to resolution anchored in specialist knowledge and experience and free from the delays of court litigation. I hope that parents in dispute over the arrangements for their children will seriously consider arbitration as a pathway forward and explore its suitability with their legal representatives.”

Carly Kinch, partner at Stewarts, says:

Stewarts’ specialist children team is proud to be at the forefront of progressive and thoughtful family law practice. Our team consistently embraces innovation and forward-thinking strategies, including arbitration, tailoring each approach to the unique needs of our clients and the children at the heart of every case.”

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