Non-court Dispute Resolution

Non-court dispute resolution (NCDR) offers separating couples and families a constructive alternative to the court process. With the pressures on the family courts and the increasing expectation under the Family Procedure Rules that parties consider out-of-court routes first, NCDR has become central to resolving financial issues and child arrangements in a way that is quicker, less adversarial and more proportionate.

JMW’s non-court dispute resolution solicitors guide clients through a wide range of NCDR options, including mediation, collaborative law, arbitration, early neutral evaluation and private financial dispute resolution (FDR). These processes allow families to work toward an outcome with the support of specialists while retaining greater control over timing, confidentiality and the overall tone of the negotiation. For clients with complex financial circumstances, international considerations or sensitive child-related matters, NCDR can offer a more flexible and bespoke approach than traditional court proceedings.

Our family law team includes collaboratively trained family lawyers, mediators, experienced negotiators and financial remedy specialists who understand how to keep discussions focused and productive. We provide clear advice on the advantages, limitations and strategic considerations of each NCDR route so you can make informed decisions grounded in your priorities and the needs of your children.

If you would like to discuss your options, you can call JMW on 0345 872 6666, or complete our online enquiry form and a member of the team will contact you at a convenient time.

How JMW Can Help

If you decide to use non-court dispute resolution to address issues relating to children or financial matters, our family law team will be on hand throughout the process to provide advice, support and guidance. Each method of NCDR works differently, and we will help you understand what is involved, what you will need to prepare, and how best to approach discussions to achieve a constructive outcome.

• Support during mediation: In mediation, the meetings take place between you, the other party and an accredited mediator. Although your solicitor does not usually attend the sessions, our team supports you throughout the process. We help you understand your legal position, prepare for each meeting, and proceed at a pace you feel comfortable with.
• Representation in arbitration and private FDRs: In arbitration or a private financial dispute resolution, you will be represented by your solicitor and, where appropriate, a barrister. These processes can be used at any stage, either alongside a court application or as a complete alternative to traditional court proceedings. They are particularly helpful where a clear timetable is needed, or when a specialist decision-maker is required to focus on the disputed issues.

No matter what kind of NCDR process you have chosen, JMW's family law solicitors can:

• Prepare your case thoroughly
• Represent you during the hearing
• Ensure the agreed or determined outcome is reflected in a legally binding court order

Family disputes often involve sensitive issues and financial uncertainty in a time of major life changes. Non-court dispute resolution offers a constructive way forward, but it still requires careful planning and a clear understanding of your rights and obligations. Our solicitors ensure that any agreement reached is realistic, workable and capable of becoming legally binding, helping you secure a stable foundation for the future.

Private FDRs and Early Neutral Evaluation for Clients of Other Firms

Our in-house counsel, Abigail Bennett, offers private FDRs and early neutral evaluations for clients who are represented by other firms. Abigail is a highly respected barrister and part-time district judge with extensive experience in financial remedy work. Her expertise allows separating couples to benefit from a tailored, judicial-style evaluation outside the pressures and delays of the court system.

Because neutrality must be absolute, this service is not available to JMW clients. However, we welcome referrals from other firms where parties wish to progress their case quickly and benefit from a specialist evaluation.

Meet Our Team

Our family law team includes specialists in every form of non-court dispute resolution, who offer clear guidance and steady support as you work toward a constructive outcome for your family.

What Is Non-Court Dispute Resolution?

Non-court dispute resolution refers to the range of processes used to resolve family matters without the need for court proceedings. It is sometimes described as alternative dispute resolution, although in modern family law it is increasingly viewed as a core pathway rather than an alternative.

NCDR can be used to resolve both financial disputes and issues relating to children, including arrangements for where a child lives, how they spend time with each parent, and how decisions about their upbringing are made. These approaches encourage parties to work toward an agreement with the support of trained professionals, rather than relying on a judge to make a decision.

Under the Family Procedure Rules, separating couples are expected to consider non-court options before issuing an application to the family court. In many situations, NCDR promotes communication, reduces conflict and helps families achieve a more tailored and timely outcome than traditional court proceedings.

We provide legal support for all of the most common NCDR formats:

• Mediation: discussions facilitated by an authorised family mediator.
• Arbitration: a legally binding decision made by a trained arbitrator.
• Private FDRs: a judge-led negotiation hearing held privately.
• Early neutral evaluation (ENE): an indication from a senior lawyer or retired judge about the likely court outcome.

NCDR is suitable for a wide range of family circumstances, from straightforward financial negotiations to complex disputes involving significant assets or sensitive child-related concerns. The right approach will depend on the issues involved, the level of cooperation between parties and the degree of professional input required.

When Is Non-Court Dispute Resolution Suitable?

Non-court dispute resolution can be an effective route for many families, particularly where both parties are prepared to communicate constructively and provide full financial disclosure. It works well when the aim is to reduce conflict, progress matters more quickly than the court system allows, or secure a flexible, confidential forum for discussions.

However, NCDR is not appropriate in every situation. Cases involving domestic abuse, safeguarding concerns, entrenched conflict or serious doubts about one party’s willingness to disclose financial information may require the structure and authority of the court. Urgent applications - for example, where protective orders are needed - will also fall outside the scope of NCDR.

JMW will always assess the nature of your circumstances and give clear advice on whether NCDR is a safe and viable option, or whether your case should proceed through a court-led process.

Is NCDR a Legal Requirement?

Non-court dispute resolution is not compulsory, but changes to the Family Procedure Rules in 2024 have significantly strengthened the court’s expectation that families explore these options before issuing proceedings. The updated rules place a much greater emphasis on resolving disputes outside the court wherever it is safe and appropriate to do so.

Under the revised Family Procedure Rules, separating couples must demonstrate that they have genuinely considered NCDR. This includes attending a Mediation Information and Assessment Meeting (MIAM) unless a recognised exemption applies. Judges now have enhanced powers to:

• Ask parties to explain why NCDR has not been attempted.
• Adjourn proceedings to allow time for mediation, arbitration, private FDR or another NCDR process.
• Consider cost consequences where a party has unreasonably refused to take part in NCDR.

Despite these changes, NCDR remains voluntary. No one can be compelled to mediate or enter another process, and the court will not direct NCDR where it would be inappropriate. The updated rules make it clear only that families should give serious consideration to alternatives to litigation wherever this is feasible.

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What are the benefits of non-court dispute resolution?

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Non-court dispute resolution offers families a more flexible, focused and often less adversarial way to resolve disagreements. For many separating couples, these processes create an environment that supports constructive discussions and reduces the stress associated with traditional court proceedings.

Some of the key advantages include:

• Greater control over the process: You and the other party agree the timetable, the pace of discussions and the format that best suits your circumstances, rather than being constrained by the family court’s availability and procedures.
• Privacy and confidentiality: Most NCDR processes take place in private settings, and judgments are not published as they are in court proceedings. This can provide reassurance for clients who wish to protect sensitive financial information or personal matters from the publicity of a court environment.
• Potential cost savings: Although NCDR is not always the cheaper option, it can reduce the overall legal costs when compared with contested court proceedings, especially where issues are narrowed or resolved early.
• A more constructive and collaborative approach: Resolving disputes outside court can reduce conflict, promote better communication and support ongoing co-parenting relationships. This is particularly valuable where children are involved.
• Specialist input when needed: In processes such as arbitration, ENE or private FDRs, parties can choose a decision-maker or evaluator with specialist expertise - something not always possible in the court system.
• Efficiency and reduced delays: NCDR avoids the long waiting times and adjournments that are now common within the family courts. This enables families to resolve issues more quickly and move forward with clarity.

While NCDR has many advantages, it is not suitable in every situation. High-conflict cases, concerns about domestic abuse, or situations where full financial disclosure is unlikely may require a court-led process. We will always discuss openly whether NCDR is appropriate for your individual circumstances.

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How long does non-court dispute resolution take?

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The timescale for non-court dispute resolution varies depending on the method used and the complexity of the issues involved. Mediation can progress over a matter of weeks, while processes such as arbitration, private FDRs or early neutral evaluation can often be arranged far more quickly than a court hearing. Collaborative discussions may take longer if detailed financial disclosure or valuations are required, but they still tend to move at a steadier pace than court proceedings.

NCDR allows parties to set a timetable that works for their circumstances, avoiding the delays that are now common in the family courts. We will discuss likely timescales with you from the outset so that you know what to expect and how best to prepare.

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Are NCDR outcomes legally binding?

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Some forms of non-court dispute resolution can produce outcomes that are immediately binding, while others require a further step to formalise the agreement through the family court.

Arbitration results in a binding decision, which the court will usually uphold unless there is a clear legal reason not to. Agreements reached through mediation, collaborative law, private FDRs or early neutral evaluation are not binding until they are converted into a consent order and approved by a judge. This court approval is essential to ensure your agreement is enforceable and provides long-term certainty.

We will advise you on the correct process for making your agreement legally binding and prepare the necessary documents to give you financial and legal security.

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