Non-Court Dispute Resolution

When separating couples want to avoid the stress, delay and cost of court proceedings, Non‑Court Dispute Resolution (NCDR) offers a constructive and efficient way of resolving disputes. It allows individuals to address financial issues outside the courtroom, with greater privacy, flexibility and control. The family court now expects couples to consider an in most cases, engage in NCDR both before financial proceedings are issued and on an ongoing basis, during court proceedings.

Our specialist family lawyers regularly guide clients through a wide range of NCDR options, helping them reach fair, practical and long‑lasting agreements. Our experience with NCDR can provide a calmer, more controlled and often quicker path towards conclusion.

What is a Non-court Dispute Resolution?

Non‑Court Dispute Resolution (sometimes referred to as NCDR) describes a range of approaches that help separating couples reach agreement without needing a court-based judge, to decide the outcome. These options are growing in popularity as they allow couples to reduce conflict, retain control and move forward constructively.

Our team has experience across all major forms of non‑court dispute resolution, including mediation, collaborative law, arbitration, private Financial Dispute Resolution hearings and round table meetings. Several members of our team hold additional specialist accreditation and have significant experience in guiding clients through these processes, including in those cases involving complex assets or sensitive family circumstances.

Mediation

Mediation enables both parties to discuss issues with the help of a trained, neutral, independent mediator. They will help you talk through the issues, negotiation and attempt to reach an agreement. Some of our lawyers are accredited mediators and have experience in helping client’s reach a resolution using this method. Equally, most of our team have experience in “solicitor attended” mediation, where solicitors are also present at some mediation sessions in order to help navigate to settlement. Often, our team will also be advising in the background to mediation to ensure all agreements reached are workable from a legal perspective, additional expert advice is obtained where needed and to deal with drafting court documentation.  Mediation is voluntary, confidential and encourages open communication to reach an agreed outcome. It can take the form of a roundtable discussion and negotiation, solicitor attended mediation or “shuttle mediation” where couples are in separate rooms if that more suited to a particular situation.

Collaborative Law

In the collaborative process, both parties and their collaboratively‑trained lawyers meet together to resolve matters face‑to‑face. This approach promotes transparency and problem‑solving and is particularly helpful where ongoing communication is important. It limits written correspondence and couples sign an agreement at the start to resolve financial issues in this way, rather that going to court. Solicitors are there to support you during those joint meetings, and experts, such as accountants or valuers can be invited to attend if needed, but the process is very much client-led. All discussions are “without prejudice” which means they cannot be referred to if it later becomes necessary to move to the court process.

Arbitration

Arbitration is a private, court‑like process where an independent qualified arbitrator makes a legally binding decision. This is effectively a private court. It provides certainty and can be arranged quickly, avoiding long court delays. Arbitration is also helpful where there are particularly complex legal issues such as corporate structures, complex financial arrangements, trusts or pension issues as the arbitrator can be asked to decide and advise upon these specific issues, as well as a case more generally.

Lawyer‑Led Negotiation

Most family matters are resolved through structured negotiation between solicitors. Our lawyers are highly skilled negotiators who focus on early, sensible engagement to secure a fair and efficient settlement. This means couples of do not feel able to sit in the same room as one another can progress matters without going to court.

Hybrid and Innovative Approaches

We also utilise hybrid models, combining elements of mediation and legal advice to support clients who need additional structure or confidence within the process.

Early Neutral Evaluation

Early Neutral Evaluation (ENE) is an increasingly popular Non‑Court Dispute Resolution option for couples who want an informed, expert view on the likely outcome of their case without entering the court process. In ENE, an experienced family lawyer or specialist evaluator gives a non‑binding indication of how a judge might approach the issues in dispute – whether relating to finances, children, or both.

This process can be extremely helpful where couples are struggling to reach agreement or where a clear, authoritative steer is needed to break an impasse. It provides clarity early on, enabling both parties to negotiate with greater confidence and avoid the delay and cost of contested court proceedings.

Frequently asked questions:

How is a non-court dispute different?

Non‑court dispute resolution gives couples more control over the process, avoids the delays, stress and costs of court, and often reduces conflict. Unlike court proceedings – where a judge imposes a decision – most NCDR methods focus on reaching agreement collaboratively, privately and at a pace that suits both parties. It is also possible to use a combination of NCDR options to try and reach a conclusion in the most efficient way.

What happens if a resolution can’t be achieved outside of the court?

If an agreement cannot be reached through Non‑Court Dispute Resolution, you can still make a court application. Any progress made during the NCDR process will help narrow the issues, and your lawyer can advise you on the best next steps.