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Resolving family disputes outside the courtroom

As Family Mediation Week (27-31 January 2025) kicks off, its a timely reminder to explore the diverse ways families can resolve disputes without stepping into a courtroom. This campaign, organised by the Family Mediation Council, shines a spotlight on the benefits of mediation for separating families.

For many, the thought of going to court is daunting. Couples are understandably concerned about becoming entangled in lengthy and costly court battles over finances and child-related matters, which can exacerbate an already challenging and traumatic situation. However, careful handling of divorce can minimise these issues, and there are excellent alternatives to court proceedings that can make the process less confrontational.

Interestingly, a recent article in the Financial Times revealed a rising trend among the HNW: opting for arbitration instead of the traditional court route. It appears the wealthy are now choosing private divorce alongside private healthcare and private schooling, and this shift is attributed largely to the lengthy delays in family court appointments and the desire to avoid the public eye that often accompanies court cases.

With Family Mediation Week upon us, now is an excellent time to learn about the growing popularity of out-of-court dispute resolution mechanisms and how they can offer more private, efficient, and amicable ways to resolve family disputes.

What is NCDR?

Non-court dispute resolution, or NCDR, involves methods of resolving a dispute through ways other than the court process. These methods include, but are not limited to mediation, arbitration, and collaborative law. The list is intentionally left open-ended to allow for the inclusion of new NCDR methods in the future.

Recent amendments to the Family Procedure Rules have placed greater emphasis on NCDR, with mediation especially emerging as a preferred option.

The most common methods of NCDR are:

  • Mediation: A neutral third-party, known as a mediator, assists the parties in negotiating and reaching their own agreement.
  • Arbitration: The parties jointly appoint an arbitrator (generally specialist family solicitors, barristers or retired judges). Both parties will put their arguments to the arbitrator, who will reach a decision.
  • Collaborative Divorce: Based upon a series of round table meetings involving you, your spouse, and your respective lawyers where it is agreed that you will work on a solution without going to court.
  • Private Financial Dispute Resolution (pFDR): A traditional Financial Dispute Resolution (FDR) hearing is part of the legal separation process for dividing financial resources. In a private FDR, the couple appoint and pay for a legal expert to independently adjudicate the case outside of court, providing an assessment of the likely financial outcome. This bypasses the need to wait for a court-scheduled hearing. 

Which is right for me?

A specialist lawyer will be able to guide you through the options to help you choose the right process. Whatever process you choose, the solicitors on your case can convert the decision reached into a binding agreement to be approved by the court, without you attending court.

Vardags is a top divorce and family law firm specialising in high net worth and complex cases. Our President, Ayesha Vardag has been widely described as Britains Top Divorce Lawyer. If you are considering NCDR, we can help.

Our experienced family lawyers will take the time to understand the details of your unique situation and talk you through the next stages of the legal process. We will then be able to give you a sense of the possible outcomes of your case and even the likely cost.

If you are considering or going through a divorce and would like to explore NCDR options, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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