A recent announcement by the President of the Family Division that judicial ‘sitting days’ in London’s Financial Remedy Court will be dramatically reduced in 2026 serves as a stark reminder of the mounting pressures on our court system.
With hearings potentially to be rescheduled, often at short notice, Non-Court Dispute Resolution (NCDR) has never been more important.
What is NCDR?
Non-Court Dispute Resolution encompasses a range of methods for resolving family disputes outside of court. This includes:
Mediation: A trained, impartial mediator helps both parties communicate and negotiate solutions. The mediator doesn’t make decisions or provide legal advice but facilitates productive discussions to help you reach agreements on finances and/or child disputes. Sessions are usually conducted in person or online. If parties feel the need to be in separate rooms during the mediation ‘shuttle mediation’, where the mediator moves between each party’s room, can take place.
Private Financial Dispute Resolution Appointments (pFDR): The parties appoint an experienced family lawyer, usually a barrister, to give an indication on the likely outcome of the case if the parties were to go to court. Both parties attend the appointment with their lawyers. Once the indication is given, the parties go into separate rooms with their lawyers, and negotiate an agreement based on the indication. The process usually takes a day, and is a very effective way of reaching a settlement.
Negotiation through solicitors: Your respective solicitors communicate directly with each other to negotiate settlements on your behalf, typically through letters, emails, and telephone calls. This method allows you to benefit from legal advice at every stage while your solicitor handles the potentially difficult conversations with your former partner’s representative. It keeps discussions professional and focused on practical solutions rather than emotional grievances.
Collaborative law: Each party has their own specially trained collaborative solicitor, and everyone signs a participation agreement committing to resolving issues through face-to-face four-way meetings rather than court proceedings. This creates a transparent environment where both parties and their lawyers work together toward solutions. Other professionals, such as financial advisors or child specialists, can be brought into meetings when needed. The key feature is that if agreement cannot be reached and court proceedings begin, both solicitors must withdraw from the case creating a strong incentive for all parties to find resolution. Collaborative law works particularly well when both parties want professional support but prefer a cooperative approach.
Arbitration: A qualified family arbitrator, who is an experienced family lawyer, makes binding decisions on your dispute much like a judge would, but with significantly more flexibility over timing, location and procedure. You can choose your arbitrator based on their expertise, schedule hearings at convenient times and venues, and receive decisions more quickly than through court. While it is more formal and expensive than the other options, it offers certainty and finality without the delays and rigidity of court proceedings. The parties are bound by the arbitrator’s decision as if it were a court judgment.
Why NCDR matters now more than ever
With court sitting days being reduced, families who opt for traditional litigation face an uncertain timeline. Hearings may be postponed at short notice, prolonging financial uncertainty and emotional stress for all involved.
NCDR offers advantages that become even more valuable in this climate:
- Control over timing: Rather than waiting for available court dates that may be cancelled, you and your former partner can schedule sessions at mutually convenient times.
- Reduced costs: Court proceedings are typically more expensive than NCDR methods. With potential delays and rescheduling, litigation costs could escalate further.
- Less adversarial: NCDR methods focus on cooperation rather than confrontation, which can preserve better relationships for co-parenting and reduce emotional trauma.
- Privacy: Unlike court hearings, NCDR proceedings are confidential, keeping your family matters private.
A legal requirement
It’s important to remember that attempting NCDR isn’t just advisable – it is mandatory in most cases. The court have the power to financially sanction a party who unreasonably refuses to engage in NCDR.
Before making a court application for financial orders or arrangements concerning children, the applicant must attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation is suitable. Exemptions exist only in specific circumstances, such as cases involving domestic abuse or urgency.
Before the first court hearing in financial proceedings, both parties need to inform the court of which methods of NCDR they have attempted, and explain why NCDR is no longer the right way to resolve the dispute.
Given the current pressures on the family court system, separating couples must give NCDR serious consideration. Not only is it a legal requirement to explore these options, but with sitting days being cancelled, the practical advantages of resolving matters outside court have never been clearer.
Contact our Family & Divorce Law experts
Laura Cotzias is a Solicitor in the Bishop & Sewell Family & Divorce teams. If you would like to contact a member of the team please call on 020 7631 4141 or email lcotzias@bishopandsewell.co.uk.
The above is accurate as at 23 October 2025. The information above may be subject to change.
The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
