As family courts face mounting pressure and delays, arbitration is emerging as an alternative for resolving disputes concerning children. It offers a private route that many parents are turning to. For many high‑net‑worth families in the UK and internationally, delays in the family courts make arbitration an attractive alternative for resolving children law disputes.  

In this article, Felicia Munde, Divorce and Family Associate specialising in complex children law examines the role arbitration can play in dealing with children matters in the instance of a divorce.

Arbitration: a flexible process away from the courtroom

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. Arbitration offers an alternative to traditional litigation, especially in cases involving child arrangements, relocation, education and 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.

A growing shift toward non‑court dispute resolution (NCDR)

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.

Although arbitration may not be appropriate for all cases, for example those involving public law matters, in many cases it remains an invaluable route for families seeking timely, child-focused solutions.

Arbitration allows families to avoid delays caused by the overburdened court system, facilitating speedier and more focused resolutions that prioritise the 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.

Commentary

Head of the Children team at Stewarts, Alex Verdan KC, is an expert in NCDR and is a highly sought after mediator and arbitrator.

Stewarts also works with many other leading arbitrators, including Her Honour Judge Judith Rowe KC MCIArb of 1 King’s Bench Walk.

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.”

Contact us

Our Divorce and Family lawyers advise high‑net‑worth families on complex, international child arrangements, including relocation, cross‑border contact, and disputes involving multiple jurisdictions.

FAQs about arbitration in children matters

What is children law arbitration?

Children law arbitration is a confidential and flexible process which enables families to resolve disputes such as living and contact arrangements, education, relocation and matters of parental responsibility away from the courtroom. Parties who take part in children law arbitration can appoint a qualified arbitrator of their choosing and are provided with more control over the process.

Is arbitration legally binding in children cases?

Yes, the arbitrator’s decision, known as a “determination” is legally binding and can be enforced by the court. The arbitrator’s determination can be converted into a parenting plan or formalised by the court if necessary.

How long does children arbitration take compared to court?

While the length of children arbitration often depends on the complexity of a case, as a process, it is usually significantly quicker than the court system. Families often meet with the arbitrator and receive a final decision within weeks rather than years. Parties are also able to control the speed of the arbitration by setting a timetable with the arbitrator at the start of the process. Arbitration provides families with a quicker and more flexible approach to resolving issues.

Can arbitration be used for international child arrangements?

Arbitration can be used for many international children issues including applications to temporarily or permanently remove a child from England and Wales. However, arbitration cannot be used for an application to summarily return a child to England and Wales from another country.

What are the benefits of arbitration for high‑net‑worth families?

Arbitration enables high-net worth families to avoid the inevitable delays caused by our overburdened court system and achieve earlier resolution of disputes in their children’s best interests. It offers a faster, more flexible, and often less stressful alternative to court.

Arbitration also offers privacy, continuity and control over the process, including choice of venue and hearing format. As arbitration is not shackled to the court opening times, it can be agreed and scheduled to take place in any location and at any time, making it ideal for internationally mobile families as well as those with incredibly busy lives.