Divorce without the drama: Embracing Non-Court Dispute Resolution
January often finds couples reflecting on their relationships, with some deciding to part ways. While separation can be emotionally challenging, it can also lead to positive growth. Today, many couples are choosing collaborative, Non-Court Dispute Resolution (NCDR) as a constructive way to handle separation and divorce, which can reduce stress, preserve dignity and allow for a smoother transition to leading separate lives.
What is Non-Court Dispute Resolution?
Non-Court Dispute Resolution refers to methods used outside court to resolve financial matters and arrangements for the children following separation. These options provide control regarding choice of NCDR, location of NCDR, timeframe for resolution of the case, choice of mediator and choice of “judge” to preside in the hearing or arbitration process.
- Mediation: A neutral mediator guides the couple in discussing issues and reaching agreements, ideal for couples willing to openly collaborate.
- Collaborative process: Here, each person hires their own lawyer and all parties work together in meetings to reach an agreement, minimising confrontation.
- Private Financial Dispute Resolution or Early Neutral Evaluation: An independent expert is appointed jointly by the parties to evaluate the case and provide an indication as to the court’s likely approach.
- Arbitration: An independent expert is appointed jointly by the parties to make a binding decision on the issues in dispute.
Family law solicitors can advise on the best approach for each situation, which may involve a combination of the methods outlined above. Early legal advice and input sets the landscape of how the case is to progress, providing timeframes and certainty over next steps.
Why Choose NCDR?
Non-Court Dispute Resolution is often less emotionally taxing than court, which helps preserve relationships, especially where children are involved. It can lay the groundwork for effective co-parenting, fostering long-term harmony. Additionally, NCDR is generally faster and more cost-effective than court proceedings, although costs vary based on case complexity and the services required.
As of April last year, the definition of NCDR was expanded to include the above options and the family court rules changed to require parties to consider NCDR. The judge is now able to pause the proceedings, requiring the parties to explore NCDR options and refusal to attend may result in financial penalties.
Making divorce less stressful
The best way to ensure a smooth, time and cost effective process is to seek legal advice early on. This helps you select the right Non-Court Dispute Resolution approach, which can make the separation less stressful, more affordable and more efficient for everyone involved. In most cases, couples will be required to resolve disputes outside court, so deciding on a preferred route early on can save time and reduce tension.
Head of our family law department Harjit Rait offers over 20 years of experience in assisting couples to navigate separation and divorce. Contact her at 01274 386 598 or email ku.oc1737648290.fcl@1737648290tiarh1737648290 for more information.
