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Family Law

Non-Court Dispute Resolution NCDR

 

Going through a separation or divorce will naturally take its toll, particularly if there are disagreements along the way. Our experienced Family lawyers are here to offer ways of helping you end your relationship without asking the Court to make decisions for you.

In April 2024, changes to the Family Procedure Rules have placed even more emphasis on Non-Court Dispute Resolution (NCDR). Couples are now required to actively use NCDR to resolve disputes relating to children or money on separation or divorce, where it is safe and appropriate to do so. The Court will not issue applications unless applicants have attended a Mediation Information and Assessment Meeting (MIAM), which is designed to give couples information about the various forms of NCDR available to help resolve their disputes. If a couple have not engaged in NCDR before making an application to the Court, the proceedings could be adjourned whilst they explore the options available to them. The Court can also impose cost penalties if it finds someone has unreasonably refused to engage in NCDR. Where there has been domestic abuse, there will be an exemption to these rules.

Our expert Family Law Solicitors can discuss with you what is right for you and your family; sometimes a combination of the options is needed to completely resolve matters.

What is Non-Court Dispute Resolution (NCDR)?

Non-Court Dispute Resolution (NCDR) refers to various methods used to resolve family disputes without going to Court. These methods promote co-operation and can lead to faster, less stressful, and often more affordable resolutions.

There are several different methods of NCDR, including:

Why choose Non-Court Dispute Resolution?

NCDR gives you the flexibility to choose how you want to resolve your situation. This might be through working together with appropriate professionals to find your own solutions or it might involve seeking neutral evaluations to assist you in coming to an agreement. A bespoke service can be made available which will often be less expensive and faster than the Court process.

The overall benefits of choosing NCDR are:

  • Your timetable: Through NCDR, you work to your own schedule rather than awaiting Court dates, potentially settling issues more quickly.
  • Amicable solutions: NCDR promotes co-operation and transparency, often leading to better outcomes for all involved, particularly any children in the relationship.
  • Cost-effective: This approach can save you money on legal fees as you are working with the aim to reach a resolution, resulting in less meetings, paperwork and negotiations, as well as no Court fees.
  • Empowering: Both parties will have a say in the resolution rather than leaving decisions to a Judge when it will be out of your hands.

Family Mediation

Family Mediation involves you and your partner meeting with a neutral Mediator, who facilitates and supports the discussion between you both. The Mediator cannot make decisions or give you advice and is specifically trained to remain neutral throughout proceedings, ensuring both parties have their voices and wishes heard. Mediation is a more amicable way to resolve matters regarding your children and financial arrangements and leaves you in more control over the outcome than going to Court.

Family Mediation Frequently Asked Questions

How long does Family Mediation take?

Family Mediation can continue for as long as is necessary; some couples require just two meetings while others may need more. One benefit of Family Mediation is the flexibility regarding the timetable; meetings and their frequency can be arranged based on your availability and circumstances.

Is Family Mediation legally binding?

Family Mediation is not legally binding because it is a voluntary process and all discussions are on a without prejudice basis which means they are out of Court discussions held with a view to reaching an agreement. This allows the parties to talk openly, to make proposals and consider options. Where agreement can be reached at Mediation, the Mediator will prepare a Memorandum of Understanding and you consider with your lawyer how and if you turn this into a legally binding agreement, which might be a Separation Agreement about finances or a Parenting Plan concerning children. In financial matters, where there are divorce proceedings, the agreement can be incorporated into a Consent Order, which is legally binding.

What is the difference between Collaboration and Mediation?

The main difference between collaborative law and Family Mediation is that while Mediation has one independent third party, in collaborative law you will each have your own trained collaborative lawyer who will also offer you legal advice throughout the proceedings.  Whilst it is usual for everyone participating to be in one room, these processes are bespoke and can be tailored to your individual needs. Family Mediation can be conducted with each party in a separate room with the Mediator going between them if their relationship requires it; this is known as shuttle Mediation.

What is Hybrid Mediation?

Hybrid Mediation is slightly different to Family Mediation as its flexible approach can help address more sensitive situations; where there may be safeguarding concerns or participants do not wish to see each other, as well as more complex legal issues. It allows each party to work with a Mediator individually, creating a safe environment for them to discuss their options.

This method of Mediation will involve input from other professionals, often lawyers, who can provide legal advice to enhance the process to achieve fair, practical settlements. Hybrid Mediation is effective both prior to Court or during ongoing Court proceedings.

Collaborative Law

Collaborative law is more of a team approach where each person in the couple has their own lawyer. The lawyers provide advice and support through a series of joint meetings. The emphasis is on you and your partner finding the solution and the lawyers will prepare the necessary documentation to obtain a binding Court order.

The foundation of the collaborative law approach is that both parties wish to avoid Court at all costs. Collaborative law will not be for everyone, but if you and your former partner have this shared objective, it may be the most suitable option.

Collaborative Law Frequently Asked Questions

How does the collaborative process work?

There are several stages involved in collaborative law:

1. Once you have appointed your collaborative lawyer and discussed your goals, the first step is for them to discuss this with your former partner’s collaborative lawyer and to plan the first meeting.

2. In your first ‘four way’ meeting, each person involved will sign a Participation Agreement which is a contract binding you all to the principle that you will commit to the collaborative law process in order to avoid Court proceedings. It is during this first meeting that you will discuss your own matters for resolution and your objectives, before planning the next meeting and specifying the documents and/or evidence that may be required.

3. Your subsequent meetings will be dictated by your priorities, tailored towards your own specific priorities with you and your former partner setting the agenda for each meeting.

4. In your final meeting, your lawyers will draft the document to confirm the agreements that have been reached.

What are the benefits of collaborative law?

One of the key benefits of collaborative law is that the lawyers for both parties are not working against each other, but working collaboratively with each other. They will be trained specifically in the process of collaborative law, working on future plans and not dwelling on the past.

As both you and your former partner will have signed up to the concept that you wish to avoid Court at all costs, it starts off proceedings in a more united environment, opposed to one of tension.

The collaborative process produces a faster result than more traditional methods of resolution; as you are all face to face in your meetings, it removes the need for back and forth correspondence between lawyers and unnecessary delays.

Having a faster and more co-operative approach means you can retain an amicable and respectful relationship with your former partner in the future, which is crucial when children are involved.

Through the collaborative process, you can benefit from not only the collaborative lawyer but their network of other professionals, such as financial advisors and accountants, who can all form your collaborative team.

What issues can be discussed in collaborative law?

This method of NCDR is suitable for discussing any matters that arise from a divorce or separation, such as children arrangements and finances. This would include, but is not limited to, where your children will live and go to school, what will happen to the family home and the division of any other assets.

How long does the collaborative process take?

The collaborative law process will take as much time as is needed. This is one of the benefits as it fits in with your timescales and can be done in as many or as few meetings as required.

What happens if collaborative law does not work?

While collaborative law is a respectful and co-operative approach to divorce proceedings, it may not be successful in every case.   Your collaborative lawyers will discuss with you other options that might be suitable to find a solution; in some cases you might have agreed at the outset to refer any unresolved issues to Arbitration.  Should it be necessary for an application to be made to the Court your collaborative lawyers would be unable to represent you further.

Early Neutral Evaluation

In cases where you have shared all relevant information, and both put forward proposals to settle it can be useful to have an expert neutral evaluation of the completing proposals. This can often help discussions move forward to settlement.

Private Financial Dispute Resolution

A Private Financial Dispute Resolution appointment (PFDR) is a usual part of the Court process to determine financial matters. As with early neutral evaluation, all relevant information will have been shared and proposals will have been put forward. A neutral expert will be employed to conduct the PFDR; how this is done will depend on what you want, the points in dispute and complexities of the assets. The neutral expert will give an opinion and will actively try to assist the parties in resolving their dispute.

Arbitration

Arbitration is a stand-alone process where an Arbitrator is employed to make a binding decision. The process will be bespoke and will depend on how you want it structured, the points in dispute and complexities of the assets. 

Resolution Together (One Lawyer/two clients)

In cases where conflict is minimal, and you share a common goal, it is possible for our specially trained Resolution lawyers to work with you as a couple to finalise an agreement and make it binding. Not all cases will be suitable for this model and an in depth discussion with each of you on an individual basis would be required before using this NCDR method.

Contact Our Family Law Solicitors

Our Family lawyers are able to work with you and your former partner in any form of NCDR and offer a free initial consultation for us to assess which option may be best for you. In all cases, our experienced Family lawyers and NCDR Practitioners have access to other professionals such as independent financial advisors, family consultants, therapists, tax advisers and more, who can become involved in your discussions to help find the right solution for you and your family. We are able to meet in a style of your choosing, either in person or online and offer a free initial discussion to review your situation.

We are Resolution Accredited Specialists who promote and encourage effective dispute resolution to conclude matters in a client, child focused and cost effective way. Contact one of our Family Law Solicitors from our offices in Andover, Romsey, Salisbury, Totton and Witney by completing our Contact Form, using the following phone numbers or email info@parkerbullen.com.