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At Glanvilles our experienced family solicitors regularly promote Non-Court Dispute Resolution (NCDR) to their clients. Non-Court Dispute Resolution (NCDR) offers significant advantages for resolving both financial and children matters in divorce or civil partnership cases. By opting for NCDR, parties can often reach quicker, more cost-effective solutions compared to the often lengthy and expensive court process. These methods foster a more cooperative environment, allowing the couples to have greater control over the outcomes of financial settlements and parenting arrangements. This approach can reduce the emotional stress and conflict that typically accompany court proceedings, helping to preserve relationships which is especially important to successful co-parenting children.. Additionally, NCDR processes are generally confidential, protecting your privacy.
Since April 2024, it has become official protocol to attempt Non-Court Dispute Resolution (NCDR) before applying to the court in both financial and children’s proceedings. The court will review the parties' attempts at NCDR at every stage. Failure to engage appropriately in NCDR could be considered litigation misconduct and result in a ‘consideration of costs’ penalty, where you pay your ex-partners legal fees. Exceptions can apply in cases involving domestic abuse.
Mediation is a process in which a separating couple, or anyone facing a family law issue, seek the support of an independent third party known as a mediator to facilitate a mutually agreeable way forward. The mediator’s role is to facilitate constructive conversations and alleviate potential sources of conflict without directing the parties on what to do or providing specific advice on decisions that need to be made. Mediation meetings can address a range of issues, including negotiating the division of finances during a divorce, establishing arrangements for children post-separation, discussing specific concerns related to a child's upbringing and resolving disagreements regarding grandparents' rights. In disputes concerning a child it is common place for the mediator to meet with the child/ren so ensure the child has a voice in the discussions taking place about their future.
Mediation offers numerous benefits that make it an attractive alternative to traditional litigation, including:
- Cost-Effective: Mediation is typically less expensive than litigation, reducing legal fees and other associated costs.
- Timesaving: The mediation process is generally quicker, allowing parties to resolve disputes without the delays often encountered in court.
- Open Communication: Mediation fosters direct dialogue between parties, promoting understanding and collaboration.
- Creative Solutions: Mediators encourage innovative problem-solving, leading to agreements that can better meet the needs of all parties involved.
- Confidentiality: Mediation is a private process, ensuring that disputes and resolutions remain confidential.
- Empowerment: Parties have control over the outcome, which can lead to greater satisfaction and commitment to the agreements made.
Please see these links for further information about mediation: Family mediation Resolution
Under the collaborative process, each person appoints their own collaboratively trained lawyer, and you and your respective lawyers meet to resolve issues face to face. Your lawyer will be by your side throughout the process, providing support and legal advice as needed. In addition to your lawyer, you will have the opportunity to work with independent professionals, such as a financial adviser, a family consultant, a child specialist, or an accountant, who can offer specialised assistance regarding financial matters, parenting, communication, and emotional support when necessary. Together, these professionals form your collaborative team. You and your team will sign an agreement committing to resolving your issues without resorting to court, which also prevents your lawyers from representing you in court if the collaborative process fails. This ensures that everyone involved is fully dedicated to finding the best solutions through mutual agreement rather than through litigation.
Please see this link for further information about collaborative law: The collaborative process Resolution
The family justice organisation Resolution has introduced a new model that enables lawyers to provide joint advice to couples during divorce or separation. This innovative approach, called Resolution Together, follows the implementation of the Divorce, Dissolution and Separation Act, which allows couples to make joint applications to end their marriage for the first time. In response to this legislative change and the aim to minimise unnecessary conflict, Resolution has developed a new strategy to support separating couples. This model allows a single legal professional to advise couples who wish to navigate their separation collaboratively. It is particularly suitable for those who share the common goal of reaching an outcome that meets both their needs and, if applicable, the needs of their children.
Resolution Together offers numerous advantages over traditional litigation, making it an appealing choice for many couples. It emphasises non-court dispute resolution (NCDR), leading to reduced costs and faster more confidential outcomes. Resolution Together provides tailored solutions to meet each couple's unique needs while fostering better communication and cooperation between couples, which is particularly important for co-parents. Additionally, it helps reduce conflict and lower the emotional stress typically associated with divorce.
This link further explains Resolution Together: Resolution reveals innovative new model to help couples divorce amicably with just one lawyer Resolution
Early Neutral Evaluation (ENE) is a process that provides an independent written opinion on the strengths and weaknesses of each party’s case, delivered by a legal specialist in this area. This approach is particularly suitable early in discussions when a settlement has not been reached, and one or both parties are contemplating an application to the court, yet are concerned about the potential costs, delays, and uncertainties associated with litigation.
ENE offers parties an impartial assessment early in the dispute resolution process, encouraging informed decision-making and promoting the possibility of settlement. During the evaluation, the neutral evaluator reviews the relevant documents and evidence, engaging in discussions with both parties to understand their positions. This evaluation helps clarify the likely outcomes if the case were to proceed to court, providing parties with a realistic view of their situation.
ENE can be conducted when both parties are represented by solicitors or when one party is represented, provided that party takes responsibility for preparing the necessary paperwork in a bundle. By offering an objective perspective and facilitating open communication, Early Neutral Evaluation serves as an effective tool for resolving disputes in family law, ultimately helping parties to reach mutually agreeable solutions and reduce the need for lengthy court proceedings.
At a Private Financial Dispute Resolution (pFDR), the parties agree to meet privately in a formal setting to attempt to resolve their financial disputes. The pFDR appointment resembles a court hearing, where a financial remedy expert practitioner (the “FR Expert”) provides an indication of the merits of each party's position. The process can be bespoke to the individual case needs but will often replicate a court-based Financial Dispute Resolution appointment. Each party will be represented by their legal counsel, who will have submitted position statements along with a bundle containing relevant documents to assist the adjudicator including formal offers made. The outcome of a private FDR is that the private funded adjudicator will give an independent evaluation (‘indication’) on how the financial issues between you should be resolved. You and your ex-partner can either accept this evaluation entirely or use it to facilitate the negotiation of final details with your lawyers.
This link further explains private FDR’s: Private Financial Dispute Resolution Resolution
In family arbitration, you and your partner appoint an arbitrator who will make a final and binding decision on any financial and property disputes or child-related issues arising from your family relationship. This process allows couples experiencing family breakdown to resolve disputes more quickly, confidentially, and in a more flexible and less formal setting than a courtroom.
The same arbitrator will oversee all stages of the case from beginning to end, and you and your partner have significant input in how the proceedings are conducted. This includes choices such as the venue, whether to meet in person or communicate in writing only, and whether to use the arbitrator for the entire process or just for specific areas where you need assistance.
The flexibility of arbitration, along with the quicker resolution of disputes, can often make it more cost-effective than going to court. You can learn more about the advantages of arbitration by visiting The Institute of Family Law Arbitrators’ website.
However, there are situations where arbitration may not be suitable, such as when evidence from third parties is needed or if there is a risk that your partner might attempt to conceal assets. Nonetheless, for most family cases, arbitration serves as a viable alternative to court proceedings.
This link further explains arbitration: Arbitration Resolution