Why use NCDR to resolve family disputes?

Recent announcements from the President of the Family Division have sent shockwaves through the family law community. The Central Family Court has been told that only 13% of court time can be used for divorce and financial cases – a threshold that has already been exceeded. As a result, hearings are being postponed, moved at short notice, or even cancelled within days of their scheduled date. For families already navigating separation, this creates not just frustration but real financial and emotional cost.

What does this mean for separating couples?

Clients with hearings listed in the Central Family Court now face:

• The risk of last-minute cancellation, despite already incurring counsel and preparation fees.
• Significantly longer waits for judicial decisions – many cases are now taking 18–24 months.
• The stress of uncertainty and a lack of finality in resolving key financial or child arrangements issues.

For many, this makes Non-Court Dispute Resolution (NCDR) not only an attractive alternative but a necessary one.

What is NCDR?

NCDR refers to a range of processes that help families resolve disputes outside the court system while maintaining fairness, confidentiality, and legal structure. The most widely used forms include:

1. Mediation

A trained family mediator facilitates discussions between parties to help them reach an agreement on finances or child arrangements. Mediation is voluntary, confidential, and usually quicker and less costly than litigation. Solicitors can advise clients throughout and formalise the outcome into a consent order once agreement is reached.

2. Arbitration

Family arbitration mirrors a private court process. The parties jointly appoint a qualified arbitrator (often a senior barrister or retired judge) who hears evidence and delivers a binding decision. Arbitration offers:

• A choice of arbitrator and timetable
• Total confidentiality
• Swift resolution, often within weeks rather than months
• A binding award recognised and enforceable by the court

Arbitration is available for both financial and children matters and is particularly useful in high-value or complex cases where judicial availability is limited.

3. Private FDR (Financial Dispute Resolution) hearings

A private FDR replicates the in-court FDR stage but is held privately with a senior barrister or retired judge acting as the evaluator. It allows parties to negotiate with the benefit of a detailed, impartial indication on settlement value – often in a more relaxed, confidential setting. The main advantages are:

• Choice of date and judge
• No risk of cancellation
• Comprehensive preparation time and focus
• Increased likelihood of settlement (many cases conclude at or shortly after a private FDR)

4. Collaborative law

Both parties instruct collaboratively trained solicitors and commit not to issue proceedings. All negotiations take place in round-table meetings. If either party later issues proceedings, both solicitors must step aside, ensuring a genuine commitment to cooperation.

The benefits of NCDR

• Speed – Appointments can often be arranged within weeks rather than waiting months for court availability.
• Cost-efficiency – Avoiding adjournments and delays reduces total legal spend, even when factoring in professional fees for mediators or arbitrators.
• Confidentiality – Proceedings are entirely private, protecting family and financial information from public scrutiny.
• Control and flexibility – Parties can choose their decision-maker, set timetables, and tailor the process to their needs.
• Reduced conflict – NCDR focuses on resolution, not blame, which is especially important where children are involved.

A practical way forward

For many families, especially in London where the Central Family Court backlog continues to grow, NCDR offers a route to resolution that is faster, calmer, and ultimately more cost-effective. It allows separating couples to move forward with clarity rather than waiting years for a court date that may never take place.

If you have questions or concerns about NCDR, please contact Grainne Fahy and Yasmin Khan-Gunns.