Children arbitration and safeguarding in the UK: From caution to capable, careful practice

Arbitration is increasingly recognized as a valuable option in family disputes, offering speed, confidentiality and procedural flexibility. As practice evolves, it is being considered in a wider range of children cases. However, it is often assumed that cases involving safeguarding concerns fall outside its scope.

That assumption does not reflect the reality of many modern cases involving children. Safeguarding issues – including allegations of abuse, substance misuse or vulnerable participants – are often better understood as risk factors, which vary in nature and seriousness. The key question is not whether such factors exist, but whether they can be properly identified and managed within the arbitration process.

A more nuanced approach is needed. There will always be cases where arbitration is not appropriate, particularly where there is active local authority involvement or ongoing criminal proceedings. But, outside those scenarios, there is scope to consider whether arbitration can proceed safely with the right structure and expertise in place.

Unlike mediation, arbitration operates as a quasi-judicial process with defined duties of disclosure and active case management. Arbitrators are under a continuing obligation to assess safeguarding risks, with the authority to pause or terminate proceedings or to raise concerns with relevant authorities where necessary. At all stages, children's welfare remains paramount, and arbitration is not a means of bypassing safeguarding protections.

In appropriate cases, practical safeguards can be put in place to support safe participation. These may include tailored procedural directions, fact-finding on key issues, and measures to ensure that parties are able to engage effectively in the process.

Assessing whether arbitration is appropriate requires a structured, fact-specific analysis. Relevant considerations are likely to include, for example:

• the nature and scope of the allegations
• whether there is a realistic prospect of escalation or involvement of external agencies
• whether safety can be reliably maintained throughout

Even where arbitration is not suitable for all aspects of a dispute, it may still play a role in resolving discrete or interim issues, helping to reduce delay and provide greater continuity for families.

With appropriate screening and proportionate safeguards, arbitration can offer a safe and effective route to resolving a wider range of children cases than is often assumed. Moving away from a binary 'suitable / not suitable' approach allows greater flexibility in achieving faster, kinder and more child-focused resolutions.

You can read more in our full article, originally published in the Family Law Journal on 20 April 2026 (subscription required).

Arbitration is one of several non-court dispute resolution options available for families, and you can learn more about what these are here. To explore what option would best suit your family situation – whether that's non-court or court involved dispute resolution – please get in touch. 

Katharine Landells is a qualified Children Arbitrator with the Institute of Family Law Arbitrators and a member of the Chartered Institute of Arbitrators. She is championing change in disputes involving children, including where arbitration can be used as a means to resolve child-related disputes.