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Out of Court Dispute Resolution (NCDR): A Practical Alternative to Court
There are several effective ways to resolve disputes without resorting to formal court proceedings. These alternatives, often referred to as non-court dispute resolution (NCDR), offer a less stressful, more flexible, and cost-effective approach to finding a resolution.
The reality of court proceedings can be far less glamorous than portrayed in media. Court cases often involve long delays, limited hearing times, and a lack of transparency, leaving many feeling dissatisfied with the process. Furthermore, legal fees can significantly escalate once proceedings begin, making it a financial burden. The family courts acknowledge these challenges, but the pace of change remains slow, heavily reliant on government funding.
To address these issues, the justice system now emphasises the importance of exploring out of court options.
Benefits of Out of Court Dispute Resolution:
- Time: Court cases can take up to 1 to 2 years to resolve. NCDR methods offer a more flexible timeline, enabling quicker resolutions.
- Cost: Court proceedings often lead to multiple hearings, which can increase legal fees. NCDR options, such as mediation or collaborative sessions, allow you to share costs with your former partner and reduce expenses to fewer, more efficient meetings.
- Control: Court proceedings can feel impersonal and confrontational, increasing conflict. NCDR options, like mediation or arbitration, allow for a more constructive, collaborative approach that can help both parties maintain dignity and control over the process.
Do I Have to Consider NCDR?:
Recent legal changes now require parties to consider NCDR before and during court proceedings. Failure to engage could lead to delays or costs orders being made against you. Exceptions apply in cases where domestic abuse is present—if you or your children are at risk, early advice is crucial.
Options Available:
At Wollens, we offer several non-court dispute resolution options:
- Mediation
- Resolution Together (One lawyer advising both partners)
- Collaborative (Round table discussions with legal professionals)
- Early Neutral Evaluation (Expert legal opinion on your case)
- Arbitration (Binding decision from an independent adjudicator)
If you’re unsure which method is best suited to your needs, our Family Team is here to guide you every step of the way. Contact us today for expert assistance.
Get in Touch
Get in touch with our team of Out of Court Options experts today to discuss your requirements. You can contact us via email Email or telephone us 01803 213251
Testimonials
Wollens is approachable and a welcoming and supportive space. This is especially important when dealing with family law, as these can be highly emotive cases.
Deborah Baker’s wealth of knowledge is evident in how she has dealt with my cases. Deborah is realistic, grounded and professional throughout, while also managing to be sympathetic, encouraging and supportive in moments where needed. I wouldn’t hesitate to take her advice.
A good firm with a range of quality solicitors
The team at Wollens are extremely approachable and knowledgeable and are keen to understand the needs of their clients. My experience is that they are inquisitive as to the ways which other professionals can help their clients achieve good outcomes.
Victoria jumped straight into action and really made changes in my case. She was professional, calm, meticulous and caring. Thanks to Victoria and the team my children are home where they belong with no findings against me! I can’t thank her enough and could not recommend her more, she’s fantastic!
Family Client
The team are able to work on multiple transactions at once. I deal with an all-female team of solictors and paralegals which is good to see!
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