Stewarts, the leading UK disputes law firm, has today launched a new Children Arbitration Protocol, which will see them prioritising arbitration for suitable private children disputes that cannot be resolved by agreement.
In an industry first, the Protocol formally sets out the team’s view that arbitration should be considered from the outset in disputes where appropriate, rather than simply as an alternative once court proceedings are underway. Stewarts have seen a five-fold increase in the number of arbitrations it undertakes in respect of divorce cases, as a result of proactive and early engagement with clients and opponents about the suitability of arbitration to address part or all of a dispute, Under the Children’s Protocol, the expectation is that children disputes falling within the scope of the relevant arbitration rules should be arbitrated unless exceptional circumstances apply.
Stewarts is advocating the greater use of arbitration against a backdrop of continued pressure on the family court system. Delay, increased costs, and lack of judicial continuity can make court proceedings particularly challenging for families dealing with complex and sensitive disputes. The Protocol also reflects the fact that delay in proceedings is likely to be detrimental to children’s welfare.
Arbitration offers families greater control over the process, with benefits including better privacy and the ability to choose and retain a specialist decision-maker. Stewarts’ approach seeks to position arbitration as a proactive choice and first port of call for families seeking to resolve disputes efficiently and discreetly, as opposed to an alternative to court.
The Protocol will see Stewarts raise arbitration with clients from the outset and propose it for disputed children issues where appropriate. An arbitrator can also be selected or retained at an early stage, providing continuity if disputes subsequently arise.
The firm acknowledges that arbitration will not be appropriate in every case. The family courts continue to play an essential role, such as where safeguarding concerns or other exceptional circumstances require the court’s powers and protections.
The launch builds on Stewarts’ continued investment in its specialist Children team. Alex Verdan KC joined Stewarts in 2025 to lead the team, bringing specialist advice and advocacy in-house and strengthening its non-court dispute resolution offering.
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 hopes the Protocol will encourage greater consideration of arbitration in children cases, where its use currently remains lower than in financial provision family disputes, and promote wider discussion among families, advisers and the legal profession about its role in resolving suitable disputes.