If you are separating, going to court is not your only option for resolving disagreements about finances, property or arrangements for your children.
In this article, Family Law Expert and Mediator Simon Immins explains what Non-Court Dispute Resolution (NCDR) involves, the options available and what to consider when deciding which approach is right for you.
Summary
Non-Court Dispute Resolution (NCDR) helps separating couples resolve disagreements about finances, property and children without asking a court to decide.
Options include family mediation, collaborative law, solicitor negotiation, arbitration, early neutral evaluation and private FDR hearings.
NCDR can be quicker, less stressful and more cost-effective that court proceedings. The right approach depends on your family’s circumstances, and a family solicitor can help you understand your options.
What is NCDR?
NCDR stands for Non-Court Dispute Resolution. It covers a range of processes that help separating couples and families resolve disputes without asking the court to make decisions for them.
With professional support where needed, NCDR helps you work towards practical lasting agreements about finances, property and arrangements for children. It is often quicker, less stressful and more cost-effective than court proceedings.
Can I go straight to court without trying an NCDR?
In some cases, yes. However, the court increasingly expects separating couples to consider whether a form of NCDR could help resolve their dispute before starting court proceedings.
There are exceptions where you may need the court to intervene immediately. These include cases involving domestic abuse, urgent safeguarding concerns, risk of assets being disposed of, or other urgent circumstances.
Outside of these situations, the court will usually want to know what steps you have taken to explore an agreement before starting proceedings.
What does NCDR Include?
NCDR includes several ways to resolve family disputes outside court, including:
- Family mediation
- Collaborative law
- Solicitor-led negotiation
- Arbitration
- Early neutral evaluation
- Private Financial Dispute Resolution (Private FDR) hearings
Each takes a different approach. The right option will depend on your family’s circumstances and the issues you need to resolve.
What is family mediation?
Family mediation is a voluntary process where an independent, specially trained mediator helps separating couples discuss and resolve issues arising from their separation.
The mediator does not take sides or make decisions for you. They guide the conversation, help you explore your options and support you both in working towards an agreement.
What can family mediation help with?
Family mediation can help resolve disputes concerning:
- Financial arrangements following separation or divorce
- Property and assets
- Child arrangements
- Ongoing co-parenting issues
The process is confidential. Sessions can take place in person, online or through shuttle mediation, where you remain in separate rooms.
We also have a dedicated guide to family mediation which explains the process in more detail.
You can get in touch with one of our expert family mediators to discuss your options on 01202 499255 or by filling in the form.
Why choose family mediation?
Family mediation gives you the opportunity to talk through your concerns and have a say in the outcome.
It can offer several advantages, including:
- It is generally quicker than court proceedings.
- It is often more cost-effective.
- It gives families greater control over the outcome.
- It promotes constructive communication and cooperation.
- It can help preserve co-parenting relationships.
- It is private and confidential.
Many families find that agreements reached through mediation are more practical and easier to maintain because they have helped to shape them.
You can read more about the benefits of going through family mediation in our article here.
What is Collaborative law?
Collaborative law involves each of you appointing a specially trained collaborative lawyers and commit to resolving matters through a series of face-to-face meetings rather than through the courts.
You, your ex-partner and your solicitors work together in a structured and respectful environment to discuss the issues and find solutions. Other professionals, such as financial advisers, accountants or family consultants, can also take part where appropriate.
The aim is to reach a fair outcome by working together, sharing information openly and finding solutions that work for your family.
Our expert collaborative lawyers can guide you through the process and answer any questions in plain English. Get in touch on 01202 499255.
Why choose Collaborative law?
Collaborative law can be particularly suitable if you are both willing to be open and work together to reach an agreement.
Benefits include:
- Greater control over decisions and outcomes
- Solutions that reflect your family’s circumstances
- Improved communication
- A focus on preserving future relationships, particularly where children are involved
- Privacy and confidentiality
- The opportunity to resolve matters without the delays associated with court proceedings
With everyone committed to finding a solution, collaborative law can often reduce conflict and help you reach an agreement that lasts.
You can find out more about child arrangements here.
What is Solicitor negotiation?
Solicitor negotiation involves each of you having your own solicitor, who communicates and negotiates on your behalf to try reach an agreement.
These discussions may take place through correspondence, telephone calls, meetings or round-table settlement meetings.
You receive specialist legal advice throughout the process, with the aim of avoiding court proceedings wherever possible. Any agreement you reached can then be set out in the appropriate legal documents.
Our expert Family Solicitors can assist you through solicitor negotiation to find out more and discuss your options. Get in touch with a member of the team on 01202 499255.
What is family arbitration?
Family arbitration involves appointing an independent arbitrator to make a decision about a dispute. This can include financial disputes or certain arrangements for children.
The arbitrator considers the evidence and hers from both sides before deciding the outcome. You both agree in advance to be bound by their decision, although a court order may still be needed to give it legal effect.
A solicitor can help to guide you through this process, explain your options and likely outcomes.
What is early neutral evaluation?
Early neutral evaluation involves asking an independent legal expert to assess your dispute and give a view on how a court might decide it.
They consider both sides’ positions, helping you understand the strengths and weaknesses of your case. Their view is not binding, so they do not decide the outcomes for you. Instead, it gives you a starting point for further discussion to reach an agreement.
What is a Private FDR hearing?
A Private Financial Dispute Resolution (FDR) hearing is a form of neutral evaluation that focuses on financial disputes following a separation or divorce.
You jointly appoint a legal expert, often an experienced barrister or retired judge, to consider your case and explain what they think a court would decide.
Their view is not binding. You and your solicitors use it to help negotiate a financial settlement, which can then be put to the court for approval.
What do separating couples need to know about NCDR?
There is no single NCDR process that is suitable for every family. The most appropriate approach will depend on factors such as:
- The complexity of the issues involved.
- The level of communication between the parties.
- Whether children are involved.
- The financial circumstances of the family.
- Any safeguarding concerns or power imbalances.
Obtaining early legal advice can help you understand your options and decide which process is most likely to achieve a positive outcome.
Why is NCDR used?
NCDR helps families resolve disputes more constructively and with less confrontation than traditional court proceedings.
It gives you the opportunity to take part in shaping the outcome and find solutions that reflect your family’s circumstances, rather than leaving decisions to a judge.
The family courts actively encourage NCDR where appropriate because it can reduce conflict, save time and support better long-term outcomes for families.
What are the benefits of NCDR?
The main benefits of non-court dispute resolution include:
- Resolving disputes more quickly
- Lower legal costs compared with lengthy court proceedings
- Greater flexibility
- Increased privacy and confidentiality
- Better communication and cooperation
- More control over the outcome
- Less stress and emotional strain
- A better chance of maintaining positive co-parenting relationships
For many families, NCDR provides a more constructive way forward after separation.
What are the costs of NCDR?
The cost of NCDR depends on:
- The process you use
- The complexity of the issues
- How much professional support you need
In most cases, NCDR is significantly less expensive than contested court proceedings. It can reduce the number of hearings, the amount of legal paperwork and the delays involved.
Costs will vary from case to case, but exploring NCDR early can often help you keep them proportionate to the issues you need to resolve.
Why should I use a Solicitor for NCDR?
Even when you are discussing matters directly and working towards an agreement together, legal advice remains important.
A family solicitor can:
- Explain your legal rights and responsibilities
- Advise you on the likely outcome if the matter went to court
- Help you make informed decisions
- Review and draft settlement proposals
- Ensure any agreement is fair and legally sound
- Take the steps needed to make agreements legally binding where appropriate
Having specialist advice alongside NCDR can help you understand what you are agreeing to and whether it works for you.
Specialist Family Law Experts
If you are unsure which approach to take, our family teamv can explain your options in plain English and help you decide on the next step.
Get in touch with a member of our expert team by calling 01202 499255 or by filling in the form. We offer all new clients a free initial chat.
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