Alternative Dispute Resolution (ADR), now more formally referred to as Non‑Court Dispute Resolution (NCDR) has become a cornerstone of the family justice system in England and Wales. ADR (or NCDR) refers to a range of processes that help families resolve disputes without a contested court hearing. The courts emphasise that litigation should be a last resort, only pursued if NCDR methods do not lead to an agreement or if an exemption applies.
Mediation is one of the most widely used forms of NCDR. It is voluntary, confidential, and privileged. In mediation, a neutral third party assists both parties in negotiating a solution to their dispute. The mediator does not have the power to impose a decision; instead, they facilitate constructive discussions, help identify possible solutions, and support the parties in reaching their own informed decisions.
Arbitration offers another route for resolving disputes outside of court. In arbitration, both parties agree to present their case to an independent arbitrator. After reviewing the evidence, the arbitrator makes a legally binding and final decision.
A solicitor led negotiation is also a common approach. Here, each party instructs their own solicitor to negotiate on their behalf. The solicitors communicate directly with each other, representing their clients’ interests and working towards a mutually acceptable outcome.
Since 2014, it has been a requirement for most applicants in private law children and financial remedy cases to attend a Mediation Information and Assessment Meeting (MIAM) before starting court proceedings, unless they qualify for an exemption, for example, due to domestic abuse or urgent circumstances. ADR is not suitable for every situation. Where there are safeguarding concerns or a history of domestic violence, attempting NCDR would not be appropriate unless suitable protections can be accommodated. If not, exemptions may apply.
The growing focus on ADR has led to fewer court applications, reduced pressure on court listings, and allowed more cases to be resolved quickly through early settlement. By keeping many disputes out of the public court system, judicial resources are freed up for cases that truly require court intervention.
If you or someone you know would like any further information regarding the above, our Family department is here to assist. Please contact us below or on 0208 049 5888.
