Non-Court Dispute Resolution

NCDR stands for Non-Court Dispute Resolution which is a process for resolving disputes outside of Court, often in family law, using methods like family mediation, arbitration, or collaborative law. NCDR offers advantages such as often being faster, cheaper, and less stressful than pursuing court proceedings. Non-Court Dispute Resolution (NCDR) allows parties more control and privacy over the process.

There are many different methods of non-court Dispute Resolution which include:

Mediation: A trained neutral mediator helps parties resolve their disputes in a non-confrontational way.
Arbitration: Parties appoint an arbitrator to make a binding decision on their dispute. 
Collaborative Law: A process where parties and their lawyers work together to find a solution outside of court.

To find the right NCDR approach for you just call us to discuss your unique situation and our expert solicitors will be able to advise and guide you.

The time it takes to resolve a matter using the NCDR method depends on many factors such as the complexity of the issues needing resolution (e.g. children, finances, international elements) and how cooperative both parties are. Some simple matters can be resolved in a few sessions or weeks however more complex disputes may take several months.

It depends on the method used. For example, arbitration awards can be binding if agreed in advance; mediated or negotiated agreements can be made legally enforceable by converting them into court orders or consent orders; collaborative law agreements typically require formalisation to become binding. Your solicitor can advise which route ensures enforcement.

Yes. Pursuing an NCDR does not prevent access to the courts if an agreement can’t be reached. In many cases, courts encourage parties to try alternative processes first, but if those efforts break down, you retain the right to litigate.

The main advantages of solving a problem with NCDR (also known as ADR) are: it’s usually cheaper, more flexible, faster and less stressful than going to court.

There are many benefits to choosing NCDR to resolve your dispute. Some of these are:

Cost-effectiveness: NCDR can be cheaper by avoiding the extensive preparation and multiple hearings of court, which can lead to lower legal fees.

Speed: It is often much quicker to resolve disputes through NCDR, as appointments can be arranged more flexibly and court timetables are avoided. 
Control and flexibility:
Parties have more say in the process, can choose decision-makers, set timetables, and tailor solutions to their specific circumstances, as opposed to fitting within a rigid court framework.

Confidentiality: Unlike court proceedings, which are public, NCDR is a private process, which keeps personal and financial information from public scrutiny. 
Reduced conflict
 By focusing on resolution rather than blame, NCDR encourages constructive dialogue and can help maintain or improve relationships, which is especially beneficial in family matters involving children.

Lasting agreements: Because parties reach an agreement themselves through negotiation, they are more likely to have “buy-in” and adhere to the outcome long-term.