Mediation and other methods of Non-Court Dispute Resolution (NCDR)

What are the other forms of NCDR?

Aside from mediation (see 'What is mediation'), other forms of NCDR include:

• Collaborative law – As part of the collaborative family law process, you each appoint your own collaboratively trained lawyer and everyone commits to trying to resolve the issues without going to court. You and your respective lawyers sign up to a collaborative agreement (which includes a commitment not to file court proceedings). You then have discussions in a series of four-way meetings together (and, if helpful, other experts such as independent financial advisors, family consultants/therapists can join some or all of the meetings) to try to reach an agreement. Once an agreement is reached, it can be filed at, and approved by, the court. If an agreement cannot be reached, and court proceedings are needed, then you will both need to find new lawyers to represent you. In our team, Suzanne Todd, Michael Gouriet, Claire Blakemore and Adele Pledger are all collaboratively trained. They will discuss collaborative law with you, along with its advantages and disadvantages, so you can make an informed decision.
• Arbitration – If you are seeking a divorce and opting for arbitration to resolve your dispute, you both need to agree to arbitrate. An arbitrator (who is usually a barrister, solicitor or a retired judge) is instructed by both of you to make a determination after hearing all relevant information from both of you or your lawyers. In arbitration in divorce proceedings, the decision is binding and will be filed at court. In our team, Diana Parker and Michael Gouriet are both family law arbitrators.
• Early Neutral Evaluation (ENE) – You jointly appoint a neutral 'evaluator' (usually a barrister or retired judge) who considers your respective positions and the evidence and gives their view on what they consider a court would decide at an early neutral evaluation hearing. In a financial context, this can be in the form of a "Private Financial Dispute Resolution appointment" (a private FDR or pFDR). The evaluator's indication is not binding but can help discussions to move forward. 
• Uncouple – Uncouple is a service designed by Withers to allow separating couples to combine and move seamlessly between the different NCDR method(s) as suits them, with the option to have a binding arbitration at the end if the non-binding options do not result in agreement. You initially jointly appoint a Withers mediator to guide and direct you both through the process and to help your discussions and negotiations. The mediator/facilitator can bring in other (impartial) Withers colleagues at any stage of the process, for example as an evaluator to give a non-binding indication of potential outcomes, or as an arbitrator (to make a decision which binds them). You will both decide, in collaboration with your mediator/facilitator, what process to adopt in order to reach a solution together.

Aside from the NCDR options outlined above, you can negotiate via your respective solicitors without formally adopting any particular process. Negotiations can take place via correspondence, telephone calls and/or meetings. Alternatively, you may each receive separate advice from your respective lawyers and then discuss and agree arrangements directly with one another. Either way, any agreement will not be binding until made into a final court approved order.