NCDR is not a single technique. It is an umbrella term for various processes designed to help people resolve issues without making a court application.
While each NCDR process has its own advantages and relevancies, they are generally quicker and less intimidating - and can often be cheaper - than going to court.
Peters May’s specialist family and divorce lawyers advise on when an NCDR may be appropriate and help clients navigate these sometimes-complex processes.
Our lawyers are particularly expert in the following NCDR methods:
Private Hearings
A Private Hearing is a form of Non-Court Dispute Resolution which involves jointly appointing and paying for a specialist lawyer (usually a retired judge or senior barrister) to sit as a private judge.
In a Private Hearing, the parties and their legal representatives lay out the facts of their dispute at a court-like hearing held in a private, neutral place. The judge then provides their legal opinion on the dispute.
While this opinion is not legally binding, the fact that it is delivered by a senior lawyer means it can be understood as predictive of what would happen if the matter were to be litigated in court.
The private judge’s opinion can be used as the basis for settlement between the parties.
There are many advantages to a private hearing. They include privacy, speed, cost and ease of access.
Private hearings are often used in financial disputes and can also be used to resolve disputes about children, when they are often referred to as Early Neutral Evaluations (ENEs).
Arbitration
Arbitration in the family law context involves the parties choosing a senior lawyer to hear the facts of a dispute, then make a legally binding ruling on it.
The arbitrator, who is a specialist family lawyer, is jointly appointed by the parties to hear the facts of the case at a private hearing.
The arbitrator then determines how the dispute should be resolved. This decision is called an ‘award’ and is turned into a court order which is legally-binding on the parties, although can be appealed in limited circumstances.
Arbitration is confidential and flexible and is generally swifter and more cost-effective than court litigation.
Mediation
Mediation in a divorce and family law context involves the separating couple paying an independent professional to help them come to amicable agreement.
Mediators (who are themselves often qualified family lawyers) encourage open dialogue rather than confrontationand help guide the parties towards a settlement together.
This can then be converted into a legal agreement. Mediation can be achieved either with or without legal representation. It is often useful for the parties to take some legal advice in advance.
Even when lawyers are engaged, mediation is usually significantly cheaper than other forms of NCDR and certainly than contested court proceedings.
Mediation is a flexible system which, when done properly, enables the parties to retain control of the process and, hopefully, the eventual agreement.
As with other forms of NCDR, it may not be appropriate in all situations. It does, for example, rely on there being a significant amount of trust and co-operation between the parties.
Family law is inherently complex. For thoughtful, expert advice do get in touch.
