How might Non-Court Dispute Resolution (NCDR) help you?

 If you have a legal dispute of any kind, NCDR offers a possible opportunity to resolve matters without traditional court proceedings. It can potentially speed the process up while keeping costs down. To coincide with Family Mediation Week, this blog focuses on how NCDR can help in family law matters, but if you have a commercial dispute, you can find out more about how we can help.

What is NCDR?

NCDR can take various approaches to resolving disputes, ideally minimising conflict and making the process more collaborative. In a family law context this is likely to take the form of either Mediation, Collaborative Law or other private Family Dispute Resolution (FDR) process.

How does Family Mediation work?

Any form of mediation relies on a neutral third party trying to help those involved to reach a mutually acceptable agreement. Since 2014 it has been compulsory for divorcing couples to attempt mediation before they resort to going to court to resolve their differences. The courts have the power to adjourn a financial application hearing or Children Act proceedings and send the parties off to attempt mediation, if they have not done so already.

In practical terms, many couples find that mediation combined with legal advice produces the best results. Each person is reassured that they have someone supporting them who knows their circumstances and can outline broadly what is realistic, while the mediator helps them to find common ground. This generally has better outcomes for families and enables parents to continue to make joint decisions for children after they have separated.

Generally, once agreements have been reached, lawyers will do the necessary paperwork to make them legally binding. It is very important that agreements reached through mediation are made legally binding. This will enable there to be a ‘clean break’ divorce which will prevent either part coming back to try to obtain additional funds later on.

Collaborative Law

Collaborative Law involves each party having a collaboratively-trained lawyer. The aim is then to focus on negotiation and co-operation to reach a solution that everyone is happy with. It was introduced in the UK in 2003 and attracted much attention initially.  Although Collaborative Law not a service we offer, the underlying principle of trying to resolve matters without going to court is very much our approach.

Private FDRs and Arbitration

These were introduced primarily to provide a sensible alternative to a potentially lengthy wait for a traditional court date, and the possibility of incurring high costs for something which might then be postponed through no fault of either spouse.

In a private FDR you choose and pay for a Judge. Both parties then outline their case for what they believe should be agreed, without being required to give evidence.  The Judge then gives an indication to help the parties reach an agreement without having something imposed on them.  If no agreement is reached, then the matter is listed for a Final Hearing which can be dealt with by an Arbitrator.  Again, you choose and pay for your Judge.  You have the flexibility to limit the issues which are up for discussion and the evidence that needs to be provided.  For instance, you might be fully agreed on care of children and division of assets that you accumulated together but just require the input of an Arbitrator to agree what happens to assets acquired before the marriage and/or pensions.

Resolving matters without ADR input

Fortunately, many divorcing couples manage to finalise their arrangements and move forward with their lives without ever going to court or needing to pay for ADR. If you achieve this, it is likely to save money and minimise stress. The starting point is a conversation about what is already agreed and what still needs to be resolved.  We offer a fixed fee initial appointment which people often find helpful in order to get the ball rolling, and can then point you in the right direction for a mediation appointment.  Please get in touch if you think we might be able to help.

How To Contact Us:

To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

March: 01354 602880

King’s Lynn: 01553 666600

Ely: 01353 383483

Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.