Non-court dispute resolution (NCDR) is the umbrella term for alternative forms of dispute resolution to the traditional court process.

Court process vs NCDR

In litigation, court proceedings are issued by one party, and this sets the court-prescribed timetable in motion. This includes listing the first hearing, setting deadlines for any financial disclosure and exchanging other documents. In contrast, NCDR can take place at any point and affords the parties flexibility, privacy, speed and a tailored approach to resolving family law disputes away from the formal court setting.
The court actively encourages parties to consider NCDR both at the outset (before issuing court proceedings, if this is deemed necessary) and to reconsider it throughout the case.

The approach to NCDR

To encourage parties to engage with NCDR, attendance at a Mediation Information and Assessment Meeting (MIAM) is required before issuing a court application unless an exemption applies. The purpose of a MIAM is to provide information about NCDR options and discuss whether NCDR would be a more appropriate forum in which to resolve matters. Importantly, following major changes in April 2024 to the rules governing family law proceedings, where a court application has been issued, the court must keep under review whether NCDR is suitable at each stage of the proceedings.

Parties are, therefore, under an ongoing duty throughout litigation to consider (i) whether NCDR would be appropriate and (ii) to attend a MIAM if they have not already done so. The court has the power to adjourn proceedings to enable the parties to attend a MIAM and/or explore NCDR in the hope that matters can be resolved away from the court arena.

Parties must also set out in writing to the court before the first hearing their position on NCDR, and cost orders can be made against them if they fail reasonably to engage in a non-court based process such as mediation.

Types of NCDR

Many forms of NCDR may be suitable for your case. We can advise you which may be appropriate for your circumstances and help you navigate the process.

Arbitration

Arbitration is akin to a private court process that can be used to resolve family disputes relating to both financial and children matters.

Parties enter into an agreement under which they jointly appoint an arbitrator to adjudicate their dispute in accordance with the law of England and Wales (in the same way as an in-court judge would do). The arbitrator will make decisions on any case management or substantive issues on which the parties cannot agree and can appoint experts where necessary. The arbitrator’s decision is final and binding. Upon an arbitral award being made, parties can then apply to the court to convert the arbitrator’s decision into a court order.

The extent of the arbitration process can be flexible to cover the entire dispute, a standalone issue or a phase of the process. Importantly, the arbitration process is private, unlike in-court proceedings.
Stewarts is highly experienced in arbitrating both financial and children matters. For more details about how the arbitration process operates and the benefits of arbitrating a dispute, see our specific pages for Arbitrating Financial Disputes and Arbitrating Children Disputes.

Mediation

Family mediation can be used to discuss issues and agree financial or children-related disputes. Mediation is a voluntary process. The mediator cannot impose a final and binding decision upon the parties, but any agreement reached can be converted into a consent order for approval by the court. The mediator will facilitate dialogue between parties, seek to clarify issues in dispute and explore settlement options with you and your partner.

The advantages of mediation include flexibility regarding timing, location and regularity of sessions. It is also a cheaper alternative to litigation and affords privacy to parties by remaining confidential. Mediation can also be used alongside an in-court process or arbitration.

For more details, see our Mediation page.

Collaborative law

Stewarts’ specialist Divorce and Family team includes several collaboratively trained lawyers. The collaborative law process involves a series of round-table meetings with you, your partner and your respective collaboratively trained lawyers.

Parties enter a collaborative law participation agreement, confirming they seek to resolve matters without resorting to the court. If the collaborative process breaks down, the collaborative lawyers involved will no longer be able to assist, and the parties will need to instruct alternative lawyers.

As with mediation, the process offers flexibility and tailored outcomes, but all issues are discussed in a lawyer-supported environment.

For more details, see our Collaborative law page.

Private Financial Dispute Resolution hearings

A private Financial Dispute Resolution (FDR) hearing is a private equivalent to the mandatory court-based FDR hearing in financial proceedings.

Parties appoint their own private judge (usually a senior barrister or retired judge) to evaluate and indicate the likely outcome if the financial dispute were to be decided by an in-court judge at a final hearing (or by an arbitrator at a final arbitration).

An FDR judge’s indication (whether at an in-court FDR or a private FDR) is not binding. Rather, it is a neutral evaluation to help the parties reach a settlement. If an agreement is reached at a private FDR, a consent order can be prepared for approval by the court. As with a court-based FDR hearing, many cases settle either at the FDR or shortly after. Private FDR hearings offer the flexibility of choosing your own private FDR judge and the time and location of your private hearing. Also, the judge is available all day to help the parties settle.

Stewarts’ specialist Divorce and Family team has extensive experience in private FDR hearings and is able to help you understand, navigate and be supported through the process.

For more details, see our Private FDR and Early Neutral Evaluation page.