Court is not the only way to resolve a family dispute and it is rarely the best place to start. Non-court dispute resolution (NCDR) brings together several methods that help you settle finances and arrangements for children more quickly, privately and constructively. Our non-court dispute resolution solicitors in Reading can help you choose the right route for your situation.
Call us on 0118 951 6200 or get in touch via our online enquiry form. Your first conversation is confidential and there is no obligation.
Non-court dispute resolution (NCDR) refers to ways of resolving family disputes without a judge deciding the outcome. It includes mediation, collaborative law, Resolution Together, arbitration and private financial dispute resolution hearings. NCDR is usually faster, more private and less costly than court proceedings, and helps preserve relationships, which matters most where children are involved.
Since 29 April 2024, the Family Procedure (Amendment No. 2) Rules 2023 strengthened the role of NCDR. The family court now expects parties to have seriously considered non-court options before issuing, can pause proceedings to allow it, and may take an unreasonable refusal to engage into account when deciding who pays the costs. In short, NCDR is no longer just encouraged, it is something the court expects you to have tried.
There is no single right method, the best route depends on your circumstances, how well you and your former partner can communicate, and how complex your finances are.
| Method | How it works | Best suited to |
|---|---|---|
| Mediation | A neutral mediator helps you reach your own agreement over a few sessions. | Couples who can communicate and want to stay in control of the outcome. |
| Resolution Together | One specially trained lawyer advises you both jointly, rather than one each. | Amicable couples who largely agree and want shared, cost-effective guidance. |
| Collaborative law | Each of you has a lawyer; you meet face to face and commit to settling without court. | Those who want legal advice in the room and a joined-up, respectful process. |
| Arbitration | An independent arbitrator makes a binding decision, like a private judge. | Couples who want a final, binding decision faster and more privately than court. |
| Private FDR | A private judge gives a frank, without-prejudice view to help you settle. | Higher-value or complex finance cases needing an experienced steer to break deadlock. |
Madeleine Young is a Resolution-trained Collaborative Lawyer and Mediator. We also work with experienced arbitrators and evaluators for private FDR.
Mediation is often the first option people consider. A trained, neutral mediator helps you reach your own agreement, which we then make binding through a consent order. It is voluntary, confidential and keeps the decisions in your hands.
Resolution Together is a form of non-court dispute resolution where a single, specially trained lawyer advises you and your partner jointly, instead of each of you instructing your own solicitor. It suits couples who are largely in agreement and want to keep things amicable, joined-up and cost-effective, giving you shared, impartial guidance through both the divorce and the finances. FSP can advise you under this model. Read more about Resolution Together.
In the collaborative process, you and your former partner each have your own lawyer and meet together in a series of round-table meetings. Everyone signs an agreement not to go to court, which keeps the focus firmly on settlement and means you have legal advice on hand throughout the discussions. Other specialists, such as financial advisers or family consultants, can also be brought into the meetings where that helps.
In family arbitration, you appoint an independent arbitrator who makes a decision that is binding on you both. It works like a private court, but you choose the arbitrator, control the timetable, and keep matters confidential. It is often much faster than waiting for a final court hearing. Arbitration is also well suited to discrete issues, you can arbitrate a single point of disagreement rather than the whole case.
A private FDR is a confidential hearing where an experienced family practitioner, acting as a private judge, gives a candid view on the likely outcome. That steer often helps couples settle on the day, saving the cost and delay of a contested final hearing, particularly useful in higher-value or complex cases where an authoritative opinion can break a deadlock.
Choosing between the options comes down to a few practical questions: how much you and your former partner can still communicate, how complex and high-value your finances are, and whether you want to keep control of the outcome or would prefer a binding decision made for you. Mediation, Resolution Together and collaborative law suit those who can work together; arbitration and private FDR suit those who need a firm, expert determination. The methods are not mutually exclusive, you might mediate the arrangements for your children and arbitrate the finances. We will talk you through the trade-offs and recommend the most constructive and cost-effective route for you.
We advise clients on NCDR across Reading, Berkshire and the wider Thames Valley, including Wokingham, Bracknell, Newbury and Maidenhead, from our office at 1 London Street in central Reading. As one of the largest family teams in the area, and with Resolution members across the team, we can offer the full range of non-court options and move quickly when court is the right step instead.
Our family team is one of the largest in the Reading area, and has been top ranked in independent legal directories such as Chambers and Partners and The Legal 500 for many years. That depth means we can match the right lawyer to your matter and your budget.
We will help you weigh up the options and choose the most constructive path. Call us on 0118 951 6200, or get in touch via our online enquiry form.
What is the difference between mediation and arbitration?
In mediation, a neutral mediator helps you reach your own agreement, and nothing is binding until it is made into a consent order. In arbitration, an independent arbitrator makes a binding decision for you, much like a private judge. Mediation keeps you in control; arbitration gives you a final ruling.
Do I have to consider NCDR before going to court?
Yes, in most cases. Since April 2024 the family court expects you to have genuinely considered non-court dispute resolution before issuing proceedings, and can pause a case to allow it. An unreasonable refusal to engage may affect how the court deals with costs.
Is non-court dispute resolution legally binding?
It depends on the method. Arbitration produces a binding decision. Agreements reached through mediation, collaborative law or a private FDR become binding once a solicitor turns them into a court-approved consent order. We handle that final step for you.
Is NCDR cheaper than going to court?
Usually, yes. NCDR methods are generally faster and more focused than contested court proceedings, which reduces cost. They are also private and less stressful. The exact saving depends on the method chosen and how readily agreement is reached.
What if NCDR does not resolve everything?
That is fine, the routes are not mutually exclusive. You might resolve children matters in mediation and finances through arbitration, or move to court for any issue that cannot be settled. We help you combine methods sensibly so nothing is left unresolved.