An alternative to court-based family disputes

Going through a separation or divorce is never easy - but it doesn’t have to be a battle. If you want to avoid the stress, cost, and confrontation of going to court, there are various Non-Court Dispute Resolution (NCDR) methods available to help you reach an agreement without going to court.

Indeed, under the latest family law guidance in England and Wales, couples are now expected to consider NCDR before starting court proceedings, unless there is a valid reason (such as domestic abuse).

NCDR is designed to save time, reduce costs, and encourage cooperative solutions that work for everyone involved. At Porter Dodson we are able to advise you on and guide you through all methods of NCDR.

Examples of Non-Court Dispute Resolution

Collaborative Law

In the collaborative law process you each appoint a collaboratively trained solicitor and all discussions are conducted around a table through a series of ‘four-way’ face-to-face meetings. Both parties are accompanied by collaboratively trained solicitors. In some cases, other professionals such as accountants, counsellors, coaches, and financial advisers can also be involved.

The process begins with both parties signing a ‘participation agreement,’ which commits both of you to working together to achieve a mutually beneficial outcome, without going to Court. Normally the agreement also provides that if the process breaks down you have to consult other solicitors, but this can be modified.

At Porter Dodson several of our solicitors are trained in the collaborative process.

Arbitration

Family arbitration is a formal but private alternative to court. An independent arbitrator (a qualified legal expert) hears both sides of the case and makes a binding decision, similar to a judge’s ruling. Arbitration tends to be quicker, more flexible and less formal than Court proceedings. You also get to choose your arbitrator. The arbitrator sets a timetable to follow to the hearing where a decision is made. An arbitrator can also make a decision on paper alone, if the issue in dispute is very narrow.

Neutral Evaluation

This often refers to a private Financial Dispute Resolution (private FDR) and is where you jointly appoint an independent private evaluator to act as the Judge to give an external evaluation of the issues to be sorted out as you separate. You choose the evaluator and they will normally be an experienced family law barrister. The evaluation on the day is not binding but is normally very helpful in facilitating negotiations.

Negotiation between solicitors

Sometimes disputes can be resolved through direct negotiation between solicitors, either through correspondence or a round table meeting. Each party is represented by their own family law solicitor, who communicates with the other side to reach a fair agreement.

Mediation

A trained, independent mediator helps both parties discuss issues openly and find common ground. The mediator doesn’t take sides or make decisions but facilitates communication and helps identify fair solutions. The mediator cannot give you legal advice and will advise you to speak with your solicitor throughout the process. Mediation can take place in person or remotely via Teams. It can take place with you all in one room or separate rooms, which is called shuttle mediation.