Non Court Options for Family Disputes (“NCDR”)

We are highly experienced and specialise in working with couples to help them resolve disputes outside of court if possible. We will work together collaboratively to ensure you resolve things as amicably and calmly as possible and carefully consider all ‘non-court’ options before advising you to proceed with a Court application. 

Non Court Dispute Resolution (also known as ‘NCDR’) can be used for most family disputes and allows parties to have a more tailored resolution process which is usually quicker than a court application. 

There are a number of options available and we will consider these with you at the outset of your case. 

Family Arbitration 

Family arbitration is a form of private dispute resolution, which does not involve going to court. Both parties enter into an agreement to arbitrate and appoint an independent and impartial Arbitrator to adjudicate the dispute. The Arbitrator is an experience family lawyer who has practiced in family law for many years and after hearing all about the case he or she makes a formal written decision (known as an Award) which determines the outcome. The Award is final and binding.

[Click here to download our Family Arbitration print-out guide]

What are the benefits?

• The parties select their own decision maker from the Family Arbitration Panel
• Continuity will be assured – Court applications often end up being dealt with by several different Judges, the same Arbitrator will deal with the case until its conclusion
• The autonomy of the parties and flexibility are at the centre of arbitration – the agreement to arbitrate defines whether all matters or discrete issues are to be resolved and the parties agree with the Arbitrator how the case will proceed
• From the start to finish, the arbitration process is likely to take less time than making an application, which has to be determined by a
• Judge in Court, and the timetable can be more easily tailored to suit the parties’ needs and other commitments
• Confidentiality is assured. The parties will not be able to report their dispute, their discussions or the outcome
• Informality – the arbitration process can be less formal than dealing with the matter through Court and at a venue, which is convenient to the parties

What is our role?

• To explain how the arbitration process works
• To assist with the selection of an Arbitrator
• To determine the issues in dispute and recommend the most appropriate procedure
• To prepare the papers and documents needed
• To act as the party’s representative and advocate throughout the arbitration

Family Mediation 

Family mediation is a flexible way of resolving disputes, which arise before, during or after separation or divorce. It can prevent a couple from having to go to court, saving them time and money.

Mediation is a voluntary and confidential process, which takes place in a safe, non-hostile environment. Mediators do not impose a decision or settlement on you. They will help you put together a set of proposals, about which you can get advice from your own lawyer if you would like to before anything becomes legally binding.

Mediation will enable you to communicate directly with each other, rather than via solicitors or across a courtroom. We act as an impartial third party and you can still have your own solicitor to support you during the process, but they cannot attend the mediation meetings, which are private.

[Click here to download our full guide to Mediation] 

What are the benefits?

• You can select your own mediatior and find someone who both parties feel comfortable with.
• There is more control. The mediator is impartial and can guide conversations to help both parties explore and reach an agreement that works for them which is usually preferable to a decision imposed by someone external (such as the Court or an arbitrator). 
• Confidentiality is assured. The parties will not be able to disclose anything discussed in mediation if negotiations break down and a court application is later needed.
• Informality – there may be non legal issues that are preventing an agreement that need to be aired as part of the general discussions and these can be dealt with in mediation. 

What is our role?

• To explain how the mediation process works
• To assist with the selection of a mediator that is appropriate for your dispute. 
• To help you prepare ahead for mediation sessions and to then support you on any discussions through the mediation process.
• In some types of mediation, we can support you by attending mediation sessions with you. 

What type of cases use NCDR?

•  Financial disputes arising on divorce
• Financial claims made in England and Wales after a divorce abroad
• Claims for financial provision for children between unmarried parents
• Disputes about ownership of a property between cohabiting couples
• Civil Partnership financial claims
• Child Arrangement Disputes

We will help you both discuss all of the above options and based on our experience, will advise on which options may be most suitable for you.

Contact us to consider whether NCDR options are suitable for your dispute.