An Overview of Resolving Disputes Outside of Court
28th January, 2025
The family court system had some significant changes in 2024 that were aimed at encouraging families to resolve disputes outside the court wherever possible.
These reforms have been put in place to ease the pressure on the courts, streamline cases for those that genuinely need judicial intervention, and promote less adversarial approaches.
What is non-court dispute resolution (NCDR)?
NCDR in family law refers to the methods of resolving disputes of separating couples outside the mainstream process of court. The different types include:
- Mediation: This involves a neutral third party helping the couple discuss child arrangements or financial settlements. Lawyers can also be involved in this process to deliver tailored legal advice alongside the mediation.
- Collaborative Law: In collaborative law, each party has their own solicitor, and all work together in structured meetings to negotiate a solution. Other professionals can be invited into the meetings such as a financial advisor or tax expert to ensure that any proposals are the best for both parties and will work in practice.
- Early neutral evaluation and Private FDR: By involving experts at an early stage to provide a view of the likely outcome can save time, stress and funds.
- One lawyer model: By parties working with one lawyer, this can streamline the process and reduce misunderstandings whilst promoting a unified approach to conclude matters amicably.
- Arbitration: A private route in which a binding decision can be made. This process follows a similar route as court proceedings but is much more tailored to suit the parties needs.
Why the shift towards NCDR?
In 2024, more stringent pre-court procedures were implemented. Mediation now forms a first step in most disputes, unless an exemption applies. Examples of exemptions include domestic abuse or safeguarding concerns. The Judiciary are also encouraging parties, at each stage of proceedings, to consider other methods. A negotiated settlement is much more likely to work in practice than that imposed by the Court.
Is NCDR appropriate for everyone?
Despite the many advantages, non-court dispute resolution options are not always apt. Here’s why some cases are still taken to court:
- Imbalances of power: Sometimes, one party has more perceived control-whether it be financial or emotional. In these scenarios, it is not possible without judicial oversight to negotiate on even terms. Our team will be alert to such issues and apply for court intervention when needed.
- Complex finances: High-net-worth individuals or cases with hidden assets may require the investigative powers of the court. Out-of-court methods may not have the mechanisms to uncover or fairly distribute these assets.
- Domestic abuse: It may be unsafe or lead to an unfair outcome for the victim of abuse to engage in NCDR.
Ward Hadaway can support you in and out of court
NCDR are not one-size-fits-all however all methods will be considered in your case to help ensure that it is dealt with expeditiously and fairly. Working with a trusted divorce solicitor will help you make an informed decision as to how to proceed.
When such major life changes are at issue, the right guidance can make all the difference. Whatever path you choose, Ward Hadaway will ensure it is one that protects your future, your family, and your peace of mind.
Keep an eye out for further articles addressing in more detail, the various NCDR options from our family team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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