Arbitration has become an established route for resolving disputes about children where a clear, authoritative outcome is required but court proceedings are not inevitable. It offers an alternative forum with the same focus on welfare outcomes, while allowing families greater control over the decision‑maker, the process and the timetable.

Arbitration is often an effective way to resolve disputes concerning children, particularly for clients for whom speed, confidentiality and control are priorities. Rather than being assigned by the court, the decision‑maker is an independent specialist chosen by the parties for their experience and judgement. The timetable is agreed, the hearing takes place in private, and the outcome is legally binding. Arbitration also removes the possibility of journalists attending altogether.

Arbitration is not simply a faster way of resolving disputes. It reshapes the process itself, restoring a measure of control at a point when families often feel powerless. It is particularly well suited to cases involving significant complexity, international families, or circumstances in which the manner of resolution is nearly as important to the child’s future as the outcome reached.

Stewarts advises on the choice of arbitrator, the formulation of the issues and the conduct of the hearing, recognising that these decisions often shape both the process and the result. This work draws on the strategic insight developed through sustained experience of the most demanding children disputes.

If arbitration may offer a better route to resolving a dispute about your child, early advice is critical. Our Children team can advise on whether arbitration is appropriate in your circumstances, how the process would operate, and how best to prepare a case that protects the child’s welfare and delivers a durable outcome.

• Contact our Children Team