Non-Court Dispute Resolution
Non-Court Dispute Resolution
Our family law experts explain the different types of non-court dispute resolution.
We usually think of Christmas as a joyful and festive time of year, but for separated parents it can be a stressful and emotional time. There could be disagreements about child arrangements at Christmas and how much time the child(ren) will spend with you and your ex-partner or, you may be worried about what will happen in relation to finances if you are considering a divorce.
You may be able to resolve issues through Non-Court Dispute Resolution.
What is Non-Court Dispute Resolution?
Non-Court Dispute Resolution “NCDR” is an umbrella term for methods to resolve areas of dispute between you and your ex-partner, outside of court.
You and your ex-partner should attempt Non-Court Dispute Resolution before making an application to the court, whether that be to resolve Child Arrangements, or financial matters. The court may stand a case down and ask parties to attempt NCDR first, before an application before the court can continue.
Types of NCDR
There are different types of NCDR:
Solicitor negotiation involves you and your ex-partner communicating via solicitors, who will negotiate on your behalf to help resolve disputes, providing you with independent legal advice. The specialist family team at Slater and Gordon can assist in this regard.
Mediation involves meeting with an independent neutral third party (a qualified family mediator, some of whom are qualified to consult with children in mediation) trained to help resolve disputes. A mediator will meet with you and your partner together and will identify the issues between you and try to help you reach an agreement.
It is important to note that a mediator cannot provide you with independent legal advice and they will usually recommend that you obtain legal advice alongside mediation. An agreement reached in mediation is not legally enforceable.
Arbitration involves you and your partner appointing an independent qualified arbitrator, who will make a decision that will be final and binding between the parties on financial and property disputes or some child-related matters. Unlike mediation, the arbitrator’s decision is legally binding. If it becomes necessary to enforce the decision, you can apply for a court order to give effect to it. It is highly likely that the court will recognise and endorse decisions made by the arbitrator. Arbitration is usually quicker and more cost effective than going through court proceedings.
Private Financial Dispute Resolution (PFDR) involves you and your ex-partner appointing an independent private judge, who will provide an indication as to what constitutes a fair financial settlement upon Divorce. If an agreement is reached following the evaluation, it will be necessary to return to the court to have that agreement made into a court order.
Do I have to attempt NCDR before going to court?
As a minimum, you are required to attend a Family Mediation Information and Assessment Meeting (MIAM) with a mediator who will assess whether your circumstances are suitable to proceed with mediation.
What if my ex doesn’t want to try NCDR?
NCDR will only work when both parties want to engage with it. If your ex-partner has refused to engage with mediation or other types of NCDR, you should still attend a MIAM as above to obtain a MIAM certificate, which will confirm that you have attended the MIAM session for any Court application.
We are here to help
Make time to spend with loved ones and people who understand the situation you are going through at Christmas, as a problem shared is a problem halved. And remember that the situation will not continue forever – there is a light at the end of the tunnel. Family Law issues can be resolved through NCDR and Slater and Gordon are on hand to assist you in moving matters forward.
