Non-Court Dispute Resolution (NCDR): A Better Way to Sort Finances and Family Matters

Non-Court Dispute Resolution (NCDR): A Better Way to Sort Finances and Family Matters

Going through a divorce or separation? You might assume you need to go to court to settle things like money, property, or children. But court isn’t the only option—and it’s rarely the best one.

More and more couples are choosing Non-Court Dispute Resolution (NCDR) to reach agreements without the delays, stress, or high legal costs of going to court.

✅ What Is NCDR?

Non-Court Dispute Resolution (NCDR) refers to any method of resolving family law issues without going to court. Common options include:

• Mediation – A neutral professional helps you reach agreement on finances or childcare. See official guidance on mediation from the Ministry of Justice.
• Private FDR – A fast-track version of a court hearing, handled privately by a family law expert.
• Arbitration – Like hiring a private judge whose decision is binding.
• Collaborative Law – Both sides work with their solicitors to find a solution without going to court.
• Early Neutral Evaluation – An impartial expert gives an early view on the likely outcome.

These routes are typically faster, cheaper, and less stressful than traditional court proceedings.

🚨 Why Is NCDR Becoming So Popular?

Family courts in England and Wales are overwhelmed. Cases can take over a year to resolve, and legal fees can quickly spiral. That’s why both the courts and legal professionals are encouraging couples to use NCDR instead.

Key reasons to consider NCDR:

• 📉 Long court delays – Some cases take 12+ months to reach a final hearing
• 💰 Sky-high legal costs – Conflict increases solicitor fees
• 👶 Children suffer when disputes drag on
• 📜 New court rules from April 2024 – Couples must actively consider NCDR
• ⚖️ Risk of cost penalties if you refuse NCDR without good reason

💡 Why Choose NCDR Instead of Court?

• Save time: Some cases resolve in a matter of weeks
• Lower costs: Mediation or arbitration can be far cheaper than litigation
• Stay in control: You decide the outcome, not a judge
• Reduce conflict: Keep discussions focused on resolution, not blame
• Protect children: NCDR reduces emotional stress and tension

⚠️ What Happens If You Ignore NCDR?

If you apply to court without trying NCDR, the judge will ask why. Since April 2024, new rules mean both parties must show they’ve actively considered NCDR.

If not, you could be penalised in legal costs—even if you win the case.

🛡 Do You Still Need a Solicitor?

Yes. Even when using NCDR, you should get independent legal advice—especially if you’re dealing with:

• Property or mortgages
• Pensions and retirement funds
• Savings and joint accounts
• Spousal maintenance or income differences
• Business assets

Once an agreement is reached, you’ll need a solicitor to draft a Consent Order to make it legally binding and enforceable.

👣 What Should You Do Next?

If you want to resolve things calmly and cost-effectively, your first step is getting expert advice. At OLS Solicitors, we can help you:

• Understand the NCDR options available
• Choose the most suitable route for your situation
• Reach a fair agreement on finances or childcare
• Convert your agreement into a legally binding Consent Order

You can also explore more NCDR resources from Resolution – the family law association.

🎯 Speak to Our Family Law Team

The sooner you act, the sooner you can move forward with clarity and peace of mind.

📍 OLS Solicitors
📞 Call: 01554 756952
📧 Email: [email protected]
🌐 Website: www.ols-solicitors.co.uk