Make Non-Court Dispute Resolution (NCDR) Your First Step Before Court
Family law in England and Wales has entered a new chapter following the April 2024 changes to the Family Procedure Rules (“FPR”), which place greater emphasis on resolving disputes outside of Court. These reforms aim to promote the use of Non-Court Dispute Resolution (“NCDR”), including mediation, encouraging separating families to find constructive, cooperative solutions wherever possible.
Why Were These Changes Made?
Court proceedings can often be lengthy, expensive, and emotionally draining especially for parents who still need to co-parent following separation. The new approach aims to support better communication, less conflict, and quicker solutions including in cases involving children and finances. By encouraging NCDR, the aim is to help families find common ground early on, in a less confrontational setting. These reforms also respond to the growing pressure on the Family Courts, which are currently overburdened with cases and long delays.
What Is NCDR?
NCDR is a formal term for any way of settling a family matter without going to Court. The main types of NCDR include:
Mediation: A trained, neutral professional helps you and your ex-partner talk through issues and reach a joint decision.
Hybrid Mediation: You each bring a lawyer into the process outlined above.
Arbitration: You agree to let a neutral third party make a decision (like a private judge).Neutral Evaluation: A specialist gives an expert view on what a Court would likely decide, to guide your negotiations.
Collaborative Law: You each have your own lawyer, but everyone commits to working things out together through face-to-face meetings.
What Do the 2024 Rule Changes Do?
NCDR is broader and the law now clearly supports different types of NCDR, not just mediation.
Courts now have enhanced powers to adjourn proceedings and direct parties to attend NCDR, unless an exemption applies (e.g., domestic abuse). The Court must also, at every stage in the proceedings, consider whether NCDR is appropriate.
Before going to Court, you’ll need to show you’ve properly considered alternatives like mediation, and explain why you did or didn’t try them.
If someone refuses to try mediation or another NCDR option without good reason, the Court can impose cost consequences.
Are the New Rules Working in Practice?
Since the reforms came into force, judges have been able to promote engagement in NCDR and this includes directing parties to consider NCDR. Appeal Courts have also confirmed these powers asserting that ordering a stay to allow for NCDR is permissible, as long as it’s a fair and reasonable step.
Solicitors and family practitioners are adapting too by proactively raising NCDR proposals early in proceedings to reduce the risk of costs, penalties or judicial criticism later on.
Family Mediation Voucher Scheme
The Family Mediation Voucher Scheme offers a financial contribution of up to £500 towards the cost of mediation for separating couples, aiming to reduce the emotional and financial strain of Court proceedings. Eligibility is limited to cases involving child arrangements, or financial disputes where child arrangements are also being discussed. The scheme is available to parties who attend a Mediation Information and Assessment Meeting (“MIAM”) with an accredited mediator participating in the scheme.
The government’s Family Mediation Voucher Scheme provides evidence confirming that over 70% of families who use mediation through the scheme report either full or partial resolution of their disputes.
If you wish to obtain advice as to the NCDR processes and which form of NCDR would work best for you please contact the Family Law Team at Hine Solicitors and arrange an appointment with us.
