A UK law firm is offering arbitration as the default option for settling disputes between parents ‘from the outset, rather than only after other routes have been exhausted’.

Stewarts has seen a five-fold increase in the number of arbitrations it undertakes in respect of divorce cases, prompting it to establish what it describes as an ‘industry-first’ Children’s Arbitration Protocol.

The firm argues that delays and a lack of judicial continuity can be particularly damaging in disputes involving children, while arbitration can offer greater privacy, flexibility and continuity.

The outcome of arbitration is legally binding, but rather than being assigned by the court, the decision‑maker is an independent specialist chosen and retained by the client, with hearings taking place in private within an agreed timetable. 

Stewarts says arbitration-first means suitable disputes between parents can be resolved directly and ‘proactively’, rather than treating arbitration as an alternative course only after lengthy court proceedings. 

The use of arbitration in children cases remains less common than in financial provision family disputes, according to Stewarts.

Under the firm’s Children’s Protocol, children disputes should be arbitrated unless exceptional circumstances apply.

Alex Verdan KC, partner and head of children law at Stewarts, said: ‘Delay and a lack of continuity can add significantly to the strain on families dealing with disputes about their children. Arbitration offers a focused route with greater privacy and flexibility.

‘While we recognise the court will remain essential where safeguarding concerns or other exceptional circumstances require it, we believe arbitration should be considered from the outset, rather than only after other routes have been exhausted.

‘This Protocol puts that approach into practice, giving families greater choice over how complex children disputes are resolved.’

Stewarts claims greater use of arbitration will ease some of the continued pressure on family courts.