Henry Hood examines the rise of family arbitration in Today’s Family Lawyer
Henry’s comments were published in Today’s Family Lawyer, 6 February 2025 and can be seen here.
Henry Hood, Senior Partner in our Family & Relationships department, highlights a significant increase in the use of family arbitration as couples look for alternatives to an increasingly overstretched court system.
Recent figures show that the number of family arbitrations in England and Wales has doubled over the past two years, reflecting growing frustration with delays, uncertainty and last‑minute cancellations within the family courts.
Henry explains that mounting pressure on court resources, combined with rule changes requiring separating couples to explore non‑court dispute resolution options, has accelerated this shift. Reduced court time for high‑value financial cases has resulted in longer waiting periods and fewer available hearing dates, leaving many families in prolonged limbo. By contrast, arbitration offers a private, more flexible and often faster route to resolving disputes.
While arbitration involves additional upfront costs, many clients view it as a worthwhile investment compared to the emotional and financial strain caused by repeated court delays. Practitioners note that clients who have already experienced adjourned or cancelled hearings are particularly drawn to arbitration’s certainty and efficiency. As court backlogs persist, the article suggests that arbitration is likely to become an increasingly central feature of family dispute resolution.
Read the full article on the Today’s Family Lawyer website [external link].