For many separating couples, the thought of going to court can feel daunting, costly, and emotionally draining. Most families do not need to attend court to resolve financial or child-related issues. In fact, in April 2024 the Family Procedure Rules (FPR) were revised to encourage parties to consider non-court dispute resolution (NCDR), among other changes. The family justice system has placed even greater emphasis on encouraging separating couples to explore Non-Court Dispute Resolution (NCDR) before issuing proceedings.
We regularly support clients who want to achieve fair, constructive outcomes without the stress and delay that court proceedings often bring. We advise and support clients through mediation, round table discussions, private FDRs, and arbitration. We also offer One Lawyer, One Couple services.
This blog explains what NCDR is, the impact of the 2024 changes, and the main process options available.
April 2024 – What Changed?
In April 2024, new rules were introduced to strengthen the expectation that separating couples attempt NCDR before turning to the court. Key updates include:
A clearer obligation to consider NCDR: Parties must now confirm to the court which forms of NCDR they have considered or attempted.
Judicial powers to pause/stay proceedings: Judges can adjourn cases to allow couples to try an agreed form of non-court resolution if it may help narrow or resolve the dispute.
Expanded scope of MIAMs: The Mediation Information and Assessment Meeting (MIAM) now includes information about a wider range of NCDR options, not just mediation.
Costs orders: In financial remedy proceedings, the court can make a costs order where there has been any failure by a party, without good reason, to engage in NCDR against the general rule in family proceedings that there shall be no order as to costs.
The purpose is simple, to encourage families to resolve issues more quickly, privately, and in a way that promotes cooperation rather than conflict.
What Is Non-Court Dispute Resolution?
Non-Court Dispute Resolution refers to any approach that helps separating couples reach agreement without asking a judge to decide the outcome. For many, it offers:
- A faster and more cost-effective route
- Privacy and confidentiality
- A more flexible and child-focused environment
- Reduced emotional strain
- The ability to keep control over decision making
Below is an overview of the main NCDR options now recognised and encouraged.
Negotiation Between Solicitors
This is often the starting point for many clients. Each party instructs a family solicitor who negotiates on their behalf, usually in writing, by phone, or in joint meetings.
Benefits include:
- Focused, pragmatic discussions
- Clear legal guidance at every step
- Reduced chances of misunderstanding or unnecessary conflict
Negotiation can resolve the entire dispute, or narrow issues before moving into another process.
Mediation
Mediation remains one of the most well-known forms of NCDR. A specially trained mediator, who is entirely neutral, helps both parties explore options, facilitates discussions and reach agreement, but does not impose a decision.
Mediation is:
- Voluntary (except the MIAM requirement)
- Decisions are made by the couple themselves, with discussions facilitated by the mediator
- Confidential and without prejudice
- Often faster and more cost-effective than court
Agreements reached in mediation can be formalised into a Financial Remedy Order, giving them legal force. Mediators also help with drafting Parenting Plans.
You can read more about the different types of family mediation here.
Hybrid Mediation
Hybrid mediation combines traditional mediation with solicitor involvement, allowing lawyers to participate more actively. The mediator has the power to hold confidences to help narrow issues and to assist the parties in their discussions and negotiations. It is particularly helpful in:
- High conflict cases
- Financial matters involving complex assets
- Situations where parties feel safer having their solicitor present
Discussions can happen in separate rooms and therefore hybrid mediation can offer a more supportive environment.
Collaborative Law
Collaborative law is a structured, team-based approach. Both parties and their collaboratively trained solicitors sign an agreement committing not to issue court proceedings. All discussions take place in a series of four-way meetings.
This process is ideal for couples who want:
- A transparent, respectful dialogue
- To maintain control over timing and pace
- A commitment to stay out of court throughout
Because everyone signs an agreement not to go to court, it strongly encourages cooperation.
Private FDR Hearings
A private Financial Dispute Resolution (FDR) hearing replicates a court FDR but is conducted by a jointly appointed specialist who is often a senior family barrister. An FDR offers a chance for each party to set out their respective positions and proposals and for a neutral evaluator to provide a view known as an ‘indication’ as to the potential outcome at final hearing to help the parties narrow the issues, negotiate or reach agreement.
Advantages include:
- The hearing can be arranged quickly, avoiding court delays
- The “judge” gives bespoke guidance on likely outcomes to facilitate discussion and negotiation
- The setting is private and fully confidential
- Unlike in court FDRs, the pFDR Judge is available to the parties for the whole day without the distraction of other cases.
Although not binding, most private FDRs result in settlement on the day or shortly after.
Arbitration
Arbitration is the closest alternative to court. The parties appoint a qualified family law arbitrator who acts like a private judge and makes a legally binding decision known as an ‘Award’ in finance cases and a ‘determination’ in children cases.
Arbitration is suitable where:
- A final, enforceable outcome is needed
- There are discrete issues that require determination
- The whole case needs to be case managed effectively, and can be done by the appointed arbitrator
- The couple wants to avoid long court delays
Arbitration hearings can often be listed for a shorter number of days than court final hearings because the arbitrator builds in reading time, they are only dealing with that case in the time allocated.
It offers speed, privacy, and continuity that the court system cannot match.
Do I Still Have to Go to Court?
With the expanded focus on NCDR, a large proportion of families now resolve matters entirely out of court. However, there are situations where court involvement may still be necessary and some potential examples include:
- Concerns about domestic abuse or safeguarding
- Complex assets or concerns about non-disclosure
- Urgent applications (such as preventing disposal of assets)
- Cases where one party refuses to engage
Even then, attempting or at least considering NCDR is now a formal expectation.
How We Can Help
Divorce and separation can be very complicated, and we recommend getting legal advice to understand the different options available to reach a resolution and which may be the best NCDR option (if any) in your particular case. Choosing the most appropriate method for your situation involves careful consideration of the nature of your dispute and the dynamics between the parties involved. The new NCDR rules make NCDR options even more important to consider at every stage of the proceedings, whether for finances or private children law cases.
We guide clients through all available NCDR routes and help them choose the approach best suited to their needs. Whether through negotiation, mediation support, collaborative law, private FDRs or arbitration, our priority is to help you reach a fair and sustainable outcome, ideally without ever stepping into a courtroom.
If you’re unsure which option is right for you, we’re here to talk through the process and support you at every stage.
