For couples dealing with their relationship breakdown during separation and divorce, resolving disputes over how finances will be distributed and any children’s living arrangements will cause additional stress.
Because of this additional emotional strain on families going through these circumstances, courts and solicitors have a legal duty to consider Non-Court Dispute Resolution (NDCR) as a method for resolving disagreements during marital disputes
Here, Walker Foster’s Head of Family and Senior Solicitor Sara Rutter discusses how NDCR can provide a preferable option to settle disputes outside of court.
Changes to the Family Procedure Rules in April 2024 have strengthened the courts’ ability to encourage separating couples to explore non-court dispute resolution (NCDR). But what does this mean in practice, and how does it work?
When a relationship breaks down, disputes over finances and arrangements for children can be difficult to manage. While court proceedings may be necessary in some cases, there are alternative ways to resolve disagreements that can help couples reach an agreement more quickly and with less stress, time and cost.
A mediator is a neutral third party who helps separating couples discuss and agree on the terms of their separation. The mediator does not take sides or make decisions but facilitates conversations and provides guidance. Mediation allows couples to control the pace of discussions and work towards a solution that suits both parties. In our experience, mediation is most effective when both parties receive legal advice alongside the process.
In a collaborative divorce, both parties and their specially trained lawyers commit to resolving matters without going to court. The process involves face-to-face meetings where both parties, alongside their lawyers, discuss issues openly and work towards an agreement. Other professionals, such as financial advisers or child specialists, may also be involved. This approach works best when both parties are committed to finding a solution that benefits the whole family.
A PFDR is a structured negotiation process where a privately appointed judge or experienced barrister assesses both parties’ financial positions and provides guidance on a fair outcome. This is similar to a Financial Dispute Resolution hearing in court but takes place in a private setting, allowing for a more tailored and less formal process.
This approach involves both parties and their legal representatives meeting in person to negotiate a settlement. Roundtable meetings provide an opportunity for direct discussions and can be a practical way to reach an agreement without the need for court proceedings.
Arbitration is a structured process where an independent arbitrator is appointed to make a legally binding decision on a dispute. This option is commonly used for financial matters and child arrangements that do not involve safeguarding concerns.
Both parties agree on and appoint the arbitrator, who will review the case and make a decision based on the evidence presented. While arbitration can be more expensive than other non-court resolution methods, it is often a quicker alternative to court proceedings and allows for a more focused approach tailored to the specific circumstances of the case.
There are advantages and disadvantages to these methods which are best discussed with your solicitor, who can advise you on the best option for your situation.
Below are the advantages and disadvantages of mediation:
Pros:
Cons:
Get in touch with the Family Law team at Walker Foster to find out how we can guide you through this difficult time while reaching a preferential outcome that best meets the needs of you and your family.
In short yes they are. You and your partner are able to establish in advance how your assets will be shared should you separate or subsequently divorce.
Overstretched family courts are facing huge backlogs, both in terms of dealing with listings and administrative tasks.
Walker Foster Solicitors is supporting Resolution’s Good Divorce Week, highlighting why the Government must support better advice for separating families
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