In this blog post experienced divorce and one lawyer , two clients trained solicitor Rachel Buckley explains Non-Court Dispute Resolution.
We know that going to court isn’t always the best or only way to solve family law issues. In fact, in our experience many families benefit from a more flexible, less adversarial approach. That’s where Non-Court Dispute Resolution (NCDR) comes in.
What is Non-Court Dispute Resolution?
NCDR is an umbrella term for a growing number of legal processes that help families and couples who are splitting up settle things like child custody and money problems without going to court. Mediation, arbitration, collaborative law, or working with an independent social worker are all alternatives to going to court that are more cooperative, less expensive, and can be a better alternative to litigation.
With recent changes to family law, courts are now actively encouraging parties to consider NCDR. This includes requiring individuals to share their views on these alternatives as part of their case and even pausing proceedings to give parties the chance to explore them. In some situations, those who refuse to consider NCDR without good reason could face cost consequences.
There are good and bad points to each NCDR method, and each one works best in certain scenarios. There are now a lot of options, from hybrid mediation where lawyers are present to arbitration where a binding decision can be made in private. These options are meant to meet the wants and preferences of a wide range of people. Thanks to the Resolution Together model (one lawyer two clients), both parties can use the same lawyer to help them get a divorce. This makes working together more open and holistic and can be more cost effective.
At The Family Law Company, we understand that going to court isn’t the only – or often the best – way to resolve family law issues. In fact, many families benefit from a more flexible, less adversarial approach. That’s where Non-Court Dispute Resolution (NCDR) comes in.
NCDR refers to a growing number of legal processes designed to help separating couples and families resolve issues such as child arrangements and financial matters without having to go through the traditional court route. Whether it’s mediation, arbitration, collaborative law, or working with an independent social worker, these methods offer a more collaborative, cost-effective, and emotionally intelligent alternative to litigation.
Each NCDR method comes with its own strengths and is suited to different situations. From hybrid mediation where legal advisors are present, to arbitration where a binding decision can be reached privately, there’s now a spectrum of choices designed to suit a wide range of needs and preferences. The option of using one solicitor to assist both parties in amicable separations – thanks to the Resolution Together model – is also opening doors to a more inclusive and holistic way of working.
What’s clear is that families today have more choice than ever before. Whether you’re facing delays in the courts, looking for a more bespoke solution, or simply want to keep things as amicable as possible for your children, non-court options can offer a better path forward.
Exploring Your Non-Court Resolution options
Arbitration
Arbitration is a private form of dispute resolution where both parties agree to appoint an independent, qualified arbitrator to decide the outcome of their dispute. It can be used for both financial and children matters.
One of the key benefits of arbitration is that it offers a quicker and more flexible alternative to court, often with greater privacy. Once a decision is made by the arbitrator, it is legally binding – meaning both parties are required to follow it, much like a court order. Arbitration in Children Law | Child & Family Law | The Family Law Co
Collaborative Law
Collaborative law is a structured process where each person appoints their own specially trained collaborative lawyer, and all four parties – the couple and their lawyers – meet together to work things out face to face.
This method is especially useful when couples want to prioritise maintaining a respectful and constructive relationship, particularly when children are involved. Everyone commits to resolving the issues without going to court, fostering open and honest communication.
→ Learn more about the collaborative law process.
One lawyer, Two Clients
Thanks to recent legal developments, it’s now possible in certain cases for one solicitor to advise both parties. This approach is typically suitable where the couple is in broad agreement and committed to resolving issues amicably.
Known as the “Resolution Together” model, it involves a single solicitor helping both parties navigate divorce, finances, and arrangements for children. This can be a cost-effective, efficient, and less confrontational way to resolve matters, but it relies on transparency, trust, and a shared willingness to compromise.
→ Discover whether this joint approach could work for you.
Independent Social Workers (ISWs)
Independent Social Workers (ISWs) are experienced professionals who can be brought in during private children proceedings to carry out detailed assessments and provide reports to the court.
ISWs are often used when there are delays with CAFCASS (Children and Family Court Advisory and Support Service), or when a child has specific needs that require specialist insight. Unlike CAFCASS officers, ISWs are usually instructed privately and may be able to start their work much sooner—helping reduce unnecessary delays and supporting quicker outcomes that are in the child’s best interests.
If you wish to appoint an ISW during court proceedings, the court’s permission is needed via what’s called a Part 25 application. If approved, both parties typically share the costs. This option can be especially helpful when the case involves unique or complex circumstances that require a tailored approach.
Private Hearings
Private hearings offer a practical solution to growing court delays in both children and financial matters. In a private hearing, the parties jointly appoint a neutral professional—often a solicitor, barrister, or retired judge—who hears the case and helps the parties work toward a resolution.
This process works particularly well for financial disputes (in the form of a private Financial Dispute Resolution hearing) and children matters where a neutral perspective might assist in reaching agreement. While the private judge cannot make binding court orders themselves, their recommendations can provide strong guidance—and if agreement is reached, a Consent Order can be submitted to court for approval.
Private hearings give families the flexibility to choose their date, avoid lengthy court queues, and choose the professional who is more likely to have time to read and understand the detail of their case. They are often more efficient and cost-effective than waiting for a court hearing.
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