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Insight > Divorce and family FAQs > What is Non-Court Dispute Resolution (NCDR) and how do I choose the right method for me?
Mediation and other methods of Non-Court Dispute Resolution (NCDR)
What is Non-Court Dispute Resolution (NCDR) and how do I choose the right method for me?
NCDR is an umbrella term covering different options you can choose from to help you to resolve a dispute (usually about finances or children) without the need to go to court. They include mediation, arbitration, collaborative law, neutral evaluation and one lawyer one couple models, ours being Uncouple. All forms of NCDR are confidential and voluntary, and both people must be willing to engage constructively and cooperatively with the process.
In family law, NCDR may be appropriate for a number of reasons. However, the 'right' NCDR option for you will depend on your individual circumstances, and you could benefit from more than one dispute resolution process. The following factors are worth considering:
- The nature of the dispute
- Your relationship dynamics
- Timing – NCDR can offer more control over the timing (whereas most courts have long delays)
- Formality – arbitration, Early Neutral Evaluation and going to court are comparatively more formal than mediation and collaborative law
- Cost – NCDR options often involve paying for the time of a professional (whether that be a mediator, arbitrator, or evaluator), whereas a judge in court is tax-payer funded. However, once legal fees and other costs are factored in, NCDR can often be cheaper or better value than going to court
- Willingness to resolve issues - all forms of NCDR are voluntary and nobody can be forced to engage in NCDR to resolve a dispute
- Privacy – NCDR options are not generally publicised or reported, unlike many court judgments
It's important to remember that you can move between the different options as circumstances change – sometimes an option that was not suitable at the start of your journey may be the right one later on.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
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