Out of court dispute resolution methods in family law cases

Non-Court Dispute Resolution (NCDR) offers various methods for resolving disputes outside the Court process during a divorce or separation. These methods are often less adversarial, more cost effective and quicker than litigation. Below is an overview of the main NCDR options available to clients in family law matters, including how they work.

Meditation

Mediation involves the appointment of a neutral and impartial mediator trained in Dispute Resolution. The Mediator facilitates discussions between the parties to help them reach an agreement. The process includes identifying the issues, agreeing on disclosure, exploring options and drafting a Mediation Summary. The Mediator does not provide legal advice, so parties are encouraged to seek independent legal advice on the terms agreed.  

Hybrid Mediation

Hybrid mediation combines elements of traditional mediation with other dispute resolution techniques. It allows for more flexibility, such as private sessions with a Mediator, and can be particularly useful in complex cases. The Mediator may also provide guidance on the next steps if an agreement cannot be reached. Hybrid mediation can also take place with solicitors in attendance to assist parties in drafting up an agreement. Often, hybrid mediation takes place in one day. 

Early Neutral Evaluation (ENE)

ENE involves an independent evaluator, often a senior legal family law professional who assesses the strengths and weaknesses of each party’s case and provides an opinion of the likely outcome of the matter to proceed to Court.  This evaluation can help parties focus on realistic outcomes and encourage settlement. ENE is often used in financial disputes, such as determining the division of assets or duration of spousal maintenance.  

Private Financial Dispute Resolution (PFDR)

A PFDR is similar to a Court based Financial Dispute Resolution hearing but is conducted privately by an experienced evaluator. This is often a specialist Barrister, Judge or qualified Arbitrator. The parties present their cases, and the evaluator provides guidance on potential settlement terms. This process is particularly useful in financial remedy proceedings and can save time compared to waiting for a Court hearing. It is conducted in a less formal setting but as with the Court process, the negotiations on the day are ‘without prejudice’ so cannot be relied on or used against either party later. Costs are typically shared between the parties.

Arbitration

Arbitration involves an Arbitrator to make a binding decision on the dispute. The process is more formal than mediation but less so than Court proceedings. Arbitration is suitable for financial and some children related disputes. The Arbitrator’s decision is enforceable and the process can be tailored to the parties' needs.

Collaborative Law

In Collaborative Law each party appoints a collaboratively trained lawyer, and all parties agree to resolve the dispute without going to Court. Meetings are held to negotiate and reach an agreement with the lawyers providing legal advice throughout.  If the process breaks down, the parties must appoint new lawyers for litigation. Neves has three Collaborative Lawyers: Beth Woodward, Tina Shah and Emily Pope. 

Resolution Together

Resolution Together is a way of resolving disputes where one lawyer acts for both parties to facilitate an agreement. This approach is suitable for couples who are amicable and wish to save costs. The lawyer provides legal information, ensuring both parties are fully informed before reaching an agreement. Tina Shah is a specially trained Resolution Together Lawyer and is able to assist couples wanting to resolve matters in this way.

Other dispute resolution methods specifically for use in children matters

Parental co-ordination

This is a form of mediation with a specifically trained parental co-ordinator. Their role is slightly different from that of a mediator and in some situations, the parental co-ordinator can be asked to make a decision for the parties where they cannot agree. This can be helpful if one or both parents are entrenched in their position. 

Usually, parental co-ordination is appropriate where an agreement has already been reached, or a court order is in place but there are certain aspects that one or both parents wish to change.

You can find some more information about the process here - Parenting Coordinators Alliance

Family therapy

When there is a dispute about child arrangements, sometimes family therapy can help – particularly when the dispute stems from a negative view of one parent towards the other, if the children are opposing seeing one parent or simply if the parents need to improve the way they communicate. With a good family therapist, there can be a real improvement leading to better co-parenting in the future. 

Family coaching

There are a number of specialist individuals who can help coach parents and/or children and assist them in reaching an agreement and avoiding or better managing disputes in the future.

How Neves can help

These methods can be used individually or in combination, depending on the circumstances of the case. We would encourage you to consider these options carefully and seek early legal advice to determine the most suitable approach for your situation. 

Get in touch with our Family Team by calling 0330 0945 500, emailing family@neves.co.uk or completing our Contact Form and we'll get back to you.