Writing in NLJ this week, Kate Stovold of International Family Law Group argues that growing reliance on mediation, arbitration and private dispute resolution is driven less by cooperation and more by necessity.
Chronic delays, postponed hearings and overstretched courts are pushing families towards processes that offer greater certainty and control. Recent procedural reforms have strengthened this trend, with courts now able to impose costs consequences on parties who unreasonably refuse to engage in non-court dispute resolution.
Stovold points to a sharp rise in family arbitrations and highlights benefits including fixed timetables, specialist decision-makers and faster outcomes for children. Yet she warns against creating a two-tier justice system, noting that cost and safeguarding concerns mean private processes are not suitable for every family.
The challenge, she says, is ensuring 'fairness, safety and informed decision-making' remain central.
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