When relationships break down, emotions can run high, and communication can become difficult. Traditionally, many couples turned to the courts to resolve disputes around children, finances, or property. There is, however, a less stressful option.
What is NCDR?
Non-Court Dispute Resolution (NCDR) is a process that helps separating couples reach an agreement without going to court. It is designed to save time, reduce costs, and encourage cooperative solutions that work for everyone involved.
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). In many cases, it’s the most effective and constructive way to move forward.
At Eric Robinson Solicitors, we offer an initial free 30 minute family law consultation meeting to help you explore your options and decide whether NCDR is right for you.
What does NCDR (Non-Court Dispute Resolution) mean?
NCDR refers to a range of out-of-court methods that help people resolve disputes through discussion, negotiation, or mediation, rather than litigation.
The goal is to reach a mutually acceptable agreement in a less adversarial, more private setting.
In family law, NCDR can cover issues such as:
- Divorce and separation arrangements
- Financial settlements and property division
- Child arrangements and parental responsibility
- Maintenance or support agreements
Unlike court proceedings, which are formal, time-consuming, and often emotionally taxing, NCDR allows couples to stay in control of the process and outcome. A trained mediator, solicitor or specialist will help guide the discussion, clarify the law, and keep negotiations focused and productive.
Why is NCDR used?
The court actively encourages the use of Non-Court Dispute Resolution because it often leads to faster, more amicable, and more cost-effective outcomes.
Some of the main reasons to use NCDR include:
- Reducing conflict: NCDR promotes open communication and understanding rather than confrontation.
- Saving time: Court cases can take months, sometimes years, to conclude. NCDR can achieve results in weeks.
- Saving money: Without formal hearings, costs are usually significantly lower.
- Maintaining control: Both parties help shape the outcome instead of leaving it to a judge.
- Protecting privacy: Unlike in the court, NCDR discussions are confidential.
In short, NCDR offers a calmer, more constructive way to move forward during what can be an emotionally challenging time.
If you’re considering separation or divorce, contact Eric Robinson solicitors for a free 30-minute family law consultation. We will help you explore your options and find the best way to resolve matters without going to court.
Types of NCDR
There are several forms of Non-Court Dispute Resolution, each suited to different situations and preferences.
Mediation
Mediation is the most common and widely recognised form of NCDR. 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.
For example, mediation might be used to agree on child arrangements or to divide financial assets after separation. If an agreement is reached, it can later be made legally binding through a solicitor-drafted consent order.
Our family law solicitors can support you before, during and after mediation. We’ll help you prepare for our sessions, understand your rights, and formalise any agreements reached into a legally binding document.
Collaborative law
In collaborative law, both parties instruct specially trained solicitors who meet together, often with both clients present, to work out a settlement face to face. Everyone commits to resolving matters without going to court.
This approach can be particularly effective in complex financial cases or where long-term cooperation (for example, in co-parenting) is essential. It allows for open discussion with legal guidance present, ensuring all decisions are made with a full understanding of legal implications.
Our collaborative law specialists are experienced in managing sensitive discussions and achieving balanced outcomes that protect your interests while keeping the process respectful and productive.
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 can cover financial disputes, property division, and some child-related matters. It’s often faster than court proceedings, with greater flexibility around scheduling and location.
We can guide you through the arbitration process, present your case effectively, and ensure the outcome is properly recorded and enforceable.
Negotiation between solicitors
Sometimes disputes can be resolved through direct negotiation between solicitors. Each party is represented by their own family law solicitor, who communicates with the other side to reach a fair agreement.
This can be suitable when mediation isn’t appropriate or when there’s a need for legal input at every stage. Negotiations may be conducted in writing, by phone, or through structured meetings.
We take a proactive, solution-focused approach to negotiation. Our goal is to protect your interests while keeping discussions constructive, helping you reach a swift and fair resolution.
Early Neutral Evaluation
In Early Neutral Evaluation (ENE), both parties present their positions to an independent expert, often a retired judge or senior lawyer, who provides an impartial assessment of what a court might decide.
ENE doesn’t result in a binding decision but gives both sides a clear understanding of the likelihood if the matter went to court. This often helps encourage settlement and reduce unnecessary litigation.
We can help you prepare for ENE, identify suitable evaluators, and use the feedback to guide productive settlement discussions.
What are the benefits of NCDR?
NCDR offers a number of important benefits over traditional court proceedings, including:
- Cost-effectiveness: Without court fees, multiple hearings, or lengthy procedural delays, NCDR is generally far more affordable. Clients can achieve fair settlements while preserving more of their financial resources for the future.
- Flexibility: NCDR allows parties to set their own timetable and choose the process that best suits their circumstances. This flexibility helps reduce stress and ensures discussions happen at a pace that feels comfortable and fair.
- Privacy and confidentiality: Court hearings are often public, but NCDR sessions are completely private. This ensures sensitive family issues remain confidential and protects your family’s privacy.
- Preserving relationships: By encouraging open communication and cooperation, NCPR can help preserve relationships, which is particularly important when children are involved. It sets a foundation for better long-term co-parenting and family stability.
- Control and certainty: With NCDR, decisions are made by you, not imposed by a judge. This sense of control often leads to more practical and sustainable agreements that both parties can accept and stick to.
- Reduced emotional strain: Litigation can be combative and emotionally exhausting. NCDR offers a calmer, more constructive approach that focuses on solutions, not conflict.
Why use a solicitor for NCDR?
Even though NCDR takes place outside of the courtroom, legal advice remains vital. A solicitor ensures your rights are protected, helps translate agreements into legally binding orders, and makes sure any settlement truly reflects your best interests.
At Eric Robinson Solicitors, our experienced family lawyers combine empathy with expertise to guide clients through every stage of the process, achieving fair, balanced, and lasting outcomes.
Conclusion
Non-Court Resolution offers separating couples a more constructive way to resolve disagreements about finances, property, and children. Whether through mediation, collaborative law, arbitration, or solicitor negotiation, NCDR focuses on communication, cooperation, and fairness, not confrontation.
By choosing NCDR, you stay in control, protect your privacy, and often save time and money compared with going to court.
If you’re unsure which option is right for you, Eric Robinson Solicitors can help. Our friendly, experienced family law team offers a free 30-minute meeting to help you understand your choices and take the first step towards a fair, lasting resolution.
Contact your nearest Eric Robinson Solicitors office today to arrange your free consultation and find the right way forward for your family. We have solicitor offices in:
