What is Non-Court Dispute Resolution?
There are many decisions you need to make when considering separation or divorce, such as how you will divide your finances and arrangements for your children. Many couples want to reach an agreement amicably with their ex-partner, but sometimes it is not possible to have these discussions or resolve issues without some support and guidance.
Although divorce and separation lawyers always try their best to support their clients and encourage negotiations between couples, the application process to the Family Court can be emotionally draining as well as costly.
Therefore, it is important that separating couples consider the options of Non-Court Dispute Resolution before making an application to the court.
What is Non-Court Dispute Resolution?
Non-Court Dispute Resolution (NCDR) is a term used to describe options available to separating couples outside of making an application to the court. It can be used in separation, divorce and civil partnership dissolution.
They aim to encourage and guide couples to discuss their separation amicably, helping them to reach a decision together.
What are the benefits of Non-Court Dispute Resolution?
NCDR offers numerous benefits. It can be very effective, less confrontational, quicker and is often less costly than court proceedings. Couples who are successful with NCDR often find they have greater control over the outcome of their separation, as opposed to having a decision imposed on them by the court.
It is also more likely that an agreement reached between the couple will last, as the process of negotiating and reaching an agreement is more consensual, and you will both have more buy-in to the outcome as a result.
It is also possible to tailor the discussions and consider possible solutions which suit your particular circumstances rather than fit within a framework imposed by the court.
Do I have to try Non-Court Dispute Resolution?
In April and May 2024, new Family Procedure Rules and a pre-action protocol came into effect, which require lawyers to advise their clients of the advantages of NCDR and as to the options available, which are set out in the section below.
For the majority of couples, there is a legal requirement to attend a Mediation Information and Assessment Meeting (MIAM) before making an application to the court for a financial remedy order or for a Child Arrangements Order. There are exemptions; for example, where there has been domestic abuse, and NCDR may not be considered appropriate.
During a MIAM, a qualified family mediator will consider your circumstances and advise you of the process of mediation so that you can consider whether it might be suitable in your case. They will explain the NCDR options available to you and discuss which option may be most suitable.
You must have a MIAM certificate, which states that you have attended this meeting and attempted mediation to make an application to the court. Before the first hearing, you must also submit an NCDR form to show the court which NCDR you have attended or explain why NCDR was not suitable.
The Judge will consider if there is a good reason for the case to be in court. They also have the power to adjourn (pause) the proceedings so the parties can attempt NCDR and can make a costs order when they feel NCDR has not properly been explored.
What options are available?
There are many different types of NCDR which couples may find helpful. These include:
- Mediation: where the couple meets with an independent mediator to help them reach an agreement.
- Collaborative law: each party instructs their own collaborative lawyer to try to resolve the issue/s out of court, mostly at round-table meetings.
- Neutral evaluation/private financial dispute resolution (for financial matters only): this is where the parties jointly appoint an independent expert to advise as to options and possible settlement on a non-binding basis.
- Arbitration: parties appoint a third party, such as a Judge or lawyer, to decide on a particular issue/matter.
Bristol Family Law Solutions
Chris Miller, collaborative law Partner, is a member of Bristol Family Law Solutions, a group of professionals committed to helping couples and families resolve matters outside of court. Chris works with experts in mediation, arbitration, finance and pensions, and divorce coaches to provide a comprehensive approach to your separation or divorce.
What if NCDR is unsuccessful?
If you attempt to resolve some or all of your issues through Non-Court Dispute Resolution, but you cannot reach an agreement, you should seek advice from a divorce and separation solicitor who can help you apply to the court. You can also seek legal advice in the background while you are engaging in negotiations or NCDR.
What if NCDR is successful?
If you can reach an agreement through NCDR, you will need to make an application to the court to make your agreement binding. The process for this is different for financial and children cases. Your solicitor will be able to guide you through this.
For financial agreements, separating couples will need a Consent Order to put into legal effect any agreement they have reached as part of divorce or civil partnership dissolution proceedings.
Contact our divorce and separation solicitors
For advice on how Non-Court Dispute Resolution can help you, get in touch with our divorce and separation solicitors. Call us on 0117 325 2929 or fill out our online enquiry form. Alternatively, make a start here.
