Resolving family disputes without going to court: What is NCDR?

Written By Alison Robinson

Avoiding Court in Family Law: What is Non-Court Dispute Resolution (NCDR)? ⚖️

When couples separate or face family law issues, court may seem like the only path. But there’s another way—often quicker, cheaper, and less stressful.

This is called Non-Court Dispute Resolution (NCDR) 🧾

Recent changes in family law encourage separating couples to explore out-of-court options first. In fact, in most cases, courts now expect you to have tried NCDR before applying.

What is NCDR?

NCDR means resolving disputes without going to court. There are several types:

🗨️ Mediation – A trained mediator helps both sides reach an agreement.

🤝 Collaborative Law – Each person has a specially trained solicitor. You meet together to find solutions.

🧑‍⚖️ Arbitration – A private arbitrator hears both sides and makes a binding decision.

📄 Private FDR (Financial Dispute Resolution) – A private judge gives an early view of what a court might decide, helping to reach settlement sooner.

Why Try NCDR? 🌟

✅ Faster – Often resolved in weeks, not months.
✅ Cheaper – Lower legal fees than court battles.
✅ Confidential – Unlike court, it’s private

✅ More control – You decide the outcome, not a judge.

✅ Less conflict – Especially important when co-parenting. 👶

Is NCDR Required? 📌
Not by law, but it’s strongly encouraged. Before making a court application, most people must complete Form FM5, confirming they’ve considered NCDR. Judges can pause proceedings to allow time for it, and refusal without good reason may affect legal costs.

When is NCDR Not Suitable? 🚫


  • Where there’s domestic abuse or safeguarding concerns


  • When urgent protection orders are needed


  • If one party refuses to engage or lacks transparency

In Summary 📝


NCDR is now central to resolving family issues. It’s not right for every case, but it’s often the best first step to sort out finances or children’s arrangements without going to court.

Need Help or Advice? 💬
Our family team can explain your options and guide you forward.

📞 Call 01243 790532 or email info@owenkenny.co.uk for a confidential chat. We’re here to help.

#NCDR #FamilyLaw #DivorceSupport #ChichesterSolicitors #WestSussex

Alison Robinson
Next

5-star Review for Erin Green