Non-Court Dispute Resolution (NCDR) plays an increasingly central role in UK family law. The family justice system actively encourages separating couples to resolve disputes outside the court process wherever it is safe and appropriate to do so. NCDR can offer families greater control, reduced cost, faster outcomes, and less emotional harm.
The Legal Framework and Policy Context
The Family Procedure Rules 2010 (FPR) place a strong emphasis on avoiding litigation where possible. There is a requirement for the court to consider whether NCDR is appropriate at every stage of proceedings, and to encourage parties to engage in it where suitable.
Since 2024, the court’s approach has become more robust. Judges may now:
- Adjourn proceedings to allow parties to attempt NCDR
- Require explanations where NCDR has not been attempted
- Take an unreasonable refusal to engage in NCDR into account when making costs orders
Against this backdrop, understanding the range of available options is essential for both practitioners and clients.
Mediation
What Is Mediation?
Family mediation involves an independent, trained mediator who helps parties negotiate directly with one another. The mediator does not impose a decision but facilitates discussion and exploration of options.
Types of Family Mediation
- Sole mediation: Both parties in the same room (or virtual space)
- Shuttle mediation: Parties remain separate, with the mediator moving between them
- Child-inclusive mediation: Where children’s views are considered, subject to safeguards
Mediation Information and Assessment Meetings (MIAMs)
Before making most private family law applications, parties are required to attend a MIAM, unless an exemption applies (e.g. domestic abuse or urgency). The MIAM assesses whether mediation is suitable and provides information about the process.
Advantages and Limitations
Advantages
- Cost-effective and relatively quick
- Confidential and without prejudice
- Encourages cooperative parenting
Limitations
- Not suitable in cases involving coercive control or severe power imbalance
- Requires willingness to engage in good faith
Family Arbitration
What Is Family Arbitration?
Family arbitration allows parties to appoint a qualified arbitrator (usually a senior barrister or retired judge) to make a binding decision on their dispute. It can be used for both financial and children matters.
The process is governed by the Institute of Family Law Arbitrators (IFLA) Scheme.
Process and Enforceability
- Parties agree the scope of the arbitration
- Procedure can be tailored to the dispute
- The arbitrator’s award is usually converted into a court order
Advantages
- Speed and flexibility
- Choice of decision-maker
- Privacy and confidentiality
Considerations
- Costs are higher than mediation
- Less suitable where safeguarding issues are present
- Limited appeal options
Private Financial Dispute Resolution (Private FDR)
What Is a Private FDR?
A Private FDR mirrors the court-based Financial Dispute Resolution hearing but takes place outside the court system. A privately appointed judge provides an evaluative indication of likely outcomes.
Key Benefits
- Greater flexibility in timing and duration
- More detailed judicial engagement
- Often leads to settlement on the day
Private FDRs are particularly popular in high-value or complex financial remedy cases.
Choosing the Appropriate NCDR Method
No single NCDR option is suitable for every case. Key factors to consider include:
- Presence of domestic abuse or safeguarding concerns
- Power imbalances between parties
- Complexity of legal or financial issues
- Urgency
- Parties’ emotional readiness to negotiate
In some cases, a hybrid approach may be appropriate—for example, mediation combined with independent legal advice, or arbitration following failed negotiations.
Conclusion
NCDR is no longer a peripheral feature of UK family law; it is a core expectation of the modern family justice system. When used appropriately, it can deliver outcomes that are faster, more humane, and more durable than court-imposed solutions.
For practitioners, advising clients effectively on NCDR options is both a professional obligation and an opportunity to promote better long-term outcomes for families. For separating couples, understanding these options empowers them to choose a process that best meets their legal, emotional, and practical needs.
We can assist you in speaking to a trained mediator and often it is best to have legal advice before you start the mediation process. Call 0191 568 2050 or email Rebecca.Creswell@sweeneymiller.co.uk
