Arbitration trends in family law: a global perspective

In a world where family structures increasingly span borders and legal systems, arbitration is emerging as a powerful tool for resolving family law disputes. In her article for The Review, published by Resolution, Spencer West Partner Katherine Muldoon FCIArb offers a comprehensive global analysis of the growing role of arbitration in family law.

Traditionally associated with commercial matters, arbitration is now being embraced for its flexibility, privacy, and efficiency – attributes that make it particularly well-suited to the emotionally and logistically complex nature of family disputes. Katherine highlights that arbitration allows parties to tailor proceedings, select a specialist arbitrator, and avoid court delays, all while maintaining confidentiality – an essential benefit in sensitive or high-profile cases.

Global developments

Recent legal developments in England and Wales include the expansion of the Family Law Arbitration Scheme (IFLA) to cover child arrangement disputes, the revised Family Procedure Rules encouraging non-court dispute resolution (NCDR), and the anticipated Arbitration Act 2025. These reforms mark a significant step forward in embedding arbitration within the UK family law landscape.

Beyond the UK, there has been a series of developments in:

• The United States, where adoption of the Uniform Family Law Arbitration Act (UFLAA) is expanding, particularly in states like Pennsylvania and Washington, and where arbitration is becoming increasingly favoured in high-net-worth and high-profile cases.
• Australia, where financial disputes are commonly arbitrated under the Family Law Act 1975, with current debates pushing for arbitration’s extension into parenting matters.
• Hong Kong and Singapore, where tailored arbitration schemes and integrated mediation-arbitration models are supporting efficient resolution of complex, cross-border family cases.
• East African jurisdictions such as Kenya, Tanzania, and Rwanda, where legal systems are evolving to accommodate arbitration in family matters, often shaped by customary practices and community mediation.
• The UAE, where recent legislative reforms – including the introduction of a civil family law system for non-Muslims – position the region as a leader in adapting arbitration to culturally diverse and expatriate family populations.

Rise of technology

There is also increasing use of technology in arbitration, from virtual hearings and AI-powered case management to cross-border document sharing. While these innovations enhance accessibility and reduce costs, she notes that enforceability – particularly across jurisdictions – remains a key challenge. She explores the role of international conventions like the New York Convention and the Hague Conventions, and calls for clearer guidance on applying these frameworks to family law.

As family disputes continue to evolve in complexity and scope, Katherine argues that legal practitioners must keep pace with global developments and embrace arbitration as an integral part of modern family law practice.

Read the full article in Resolution’s The Review (subscription required).