A disputes-focused law firm has announced it will take a non-court dispute resolution (NCDR) first approach when resolving complex children disputes, launching a new children arbitration protocol which will see the firm prioritising arbitration for suitable private children disputes that cannot be resolved by agreement.
London and Leeds based Stewarts said the decision was in response to a “five-fold increase” in the number of arbitrations it undertakes in respect of divorce cases, and will prioritise arbitration in child disputes “unless exceptional circumstances apply” going forward.
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 said arbitration offered families greater control over the process, alongside better privacy and the ability to choose and retain a specialist decision-maker. The 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 said the Stewarts.
The initiative comes at a time when delay, increased costs, and lack of judicial continuity can make court proceedings particularly challenging for families dealing with complex and sensitive disputes said the firm, acknowledging delays are also likely to be detrimental to children’s welfare.
They also acknowledge arbitration will not be appropriate in every case and family courts continue to play an essential role where safeguarding concerns or other exceptional circumstances require the court’s powers and protections.
Commenting on the plans 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.”
