How Non-court dispute resolution can help in family proceeding

What is Non-Court Dispute Resolution and what are the different options?

Non-Court Dispute Resolution (NCDR) involves private processes such as Mediation, Arbitration and Private FDR to encourage a collaborative approach to settlement. 

NCDR is increasingly popular due to the speed and cost effectiveness of reaching a resolution. Providing both parties the opportunity to take control of the issues and the timescales whilst avoiding the delays and practical ineffectiveness of the court process.

What is Mediation and what it involve

Mediation is one type of NCDR. In most circumstances Mediation and obtaining a MIAM (Mediation Information Assessment Meeting) is required before court proceedings relating to financial resolution and children matters are issued (subject to exemptions including domestic abuse). 

Mediation is not marriage counselling, instead the parties benefit from an independent third party who remains impartial during the negotiations and aims to guide the parties to reach a settlement amicably.

What is Arbitration and what does it involve?

Arbitration is another type of NCDR.  This method involves the parties agreeing to a private Judge to decide matters. Both parties must understand when they choose this process, that the decision of the arbitrator is legally binding. It is therefore the only NCDR process where the parties do not agree to a negotiated outcome.

What is private Financial Dispute Resolution and what does it mean?

Instead of waiting for the Court to list Financial Dispute Resolution Hearing (FDR) the second hearing in the court process, parties can agree to instruct a Barrister to sit as a Private Judge to give an indication as to the issues in the case and as to the division of the assets.  Private FDRs can assist the parties in reaching a settlement in a timescale that suits the parties.  

Court proceedings should be a last resort, not the first step.

How our Family team at Thackray Williams can assist you

Undergoing a divorce or separation is a traumatic process for both parents and children. It can also have a major impact on your family and finances if it isn't handled correctly. Our specialist family lawyers in London, Kent and the South East are here to offer all the expertise and support you will need to get through your divorce and navigate the division of the associated finances successfully and with the most beneficial outcome possible.  

If you are looking for family law advice please speak with one of our expert family lawyers today by calling 020 8290 0440.