How Can Family Disputes Be Resolved Without Going to Court?

Family disputes are difficult enough without the added stress of long, drawn-out, and expensive court proceedings.

If you’re facing a family dispute over finances, child arrangements, or property during a divorce or separation, going to court is not your only option. In fact, in most cases, it should be seen as the last resort.

There are plenty of services available that can help you to reach an agreement outside of court, with less stress, less expense, and more control over the outcome.

At Hibberts Solicitors, our family dispute solicitors in Cheshire and Shropshire only ever suggest court proceedings where appropriate, or as a last resort. We aim to settle matters outside of the courts using divorce mediation or negotiation wherever possible.

In this article, we explain what non-court dispute resolution (NCDR) is, how it works, and the important role it plays in resolving family disputes.

What is non-court dispute resolution (NCDR)?

Non-court dispute resolution (NCDR) is the process of resolving disputes outside of court.

In family law, separating couples are encouraged to use NCDR to resolve disputes over a range of issues, including:

• Financial settlement disputes
• Property disputes after separation
• Divorce dispute resolution
• Child arrangement disputes
• Parental responsibility
• Maintenance or support agreements

NCDR is more important than ever today, as changes in law have meant that family courts now actively encourage separating couples to consider all other methods of family dispute resolution before turning to litigation.

What methods of NCDR are available?

Every family dispute is different, and the most appropriate way to resolve the dispute depends on the individual circumstances. That’s why there’s a range of NCDR options available to choose from, each using a slightly different method to help families resolve disputes through constructive discussion and negotiation, without going to court.

The most popular methods of NCDR include:

• Family mediation: A neutral third-party helps to facilitate constructive communication and negotiation to help resolve disputes.
• Collaborative law: Both parties and their respective solicitors meet face-to-face to negotiate an agreement, usually relating to finances or child arrangements.
• Arbitration: Disputing parties both present their argument and evidence to a neutral third party (the arbitrator), who then makes a legally binding decision on the outcome.
• Solicitor negotiation: The dispute is resolved through direct negotiation between the two disputing parties’ solicitors.
• Early Neutral Evaluation (ENE): Together, the two disputing parties appoint a neutral legal expert, usually a senior barrister or retired judge, to assess the facts and evidence of the case and provide an impartial written opinion on what the likely outcome would be if the dispute went to court.

How does the law encourage couples to resolve family disputes outside of court?

Recent changes in law have emphasised the importance of using NCDR to resolve family disputes outside court.

Although the law recognises that in some circumstances NCDR is not appropriate, changes to the Family Procedure Rules in April 2024 strengthened the court’s power to encourage separating couples to use NCDR.

Anyone taking a family dispute to court is now expected, where appropriate, to have made reasonable attempts to resolve it outside of court first. In some cases, refusal to do so could even result in financial penalties.

What are the benefits of family law mediation?

Usually, your first port of call for non-court dispute resolution is mediation. This is the most common option, achieving around a 70% success rate according to a survey by the Family Mediation Council.

Some of the key benefits of using family mediation services to resolve family disputes include:

• Cost-effective: Resolving disputes using mediation is usually a lot cheaper than expensive court proceedings.
• Private: Unlike court proceedings, mediation takes place in a private and confidential setting.
• Provides more control over the outcome: In court, it is the judge who makes the final decision, while family law mediation allows both parties to negotiate an agreement together.
• Less stressful and emotional: Court proceedings can be long and emotionally draining. Mediation facilitates constructive communication, helping to reduce conflict between the parties.
• Preserves relationships: Maintaining a positive relationship is particularly important if children are involved.
• Flexible: Mediation sessions can usually be arranged much faster than court hearings and scheduled for a time that is convenient for both parties.

Contact Hibberts Solicitors for help resolving a family dispute

Need help determining whether your dispute would be best resolved through NCDR or in court? Our family dispute solicitors in Cheshire are here to help.

Hibberts Solicitors has been providing families throughout Tarporley, Northwich, Crewe, and the surrounding areas with non-court dispute resolution services since 1799.

If you’re going through a divorce or separation and need help resolving a dispute, we can help you move forward. Whether that involves family mediation in Cheshire, negotiation, arbitration, or court proceedings, we’ll be there to support and represent you every step of the way.

Contact us today by calling 01270 624 225 or emailing enquiries@hibberts.com to speak to a specialist family law solicitor.