Out of court options

There are several ways in which you can resolve your dispute, which do not automatically result in court proceedings. You will see these options being referred to as out of court or non-court dispute resolution (sometimes abbreviated to NCDR).

The reality of being at court is much less glamorous than depicted in the media. Long delays, limited hearing times and a lack of transparency on the process can leave many feeling disappointed. If you are instructing solicitors, the court process can increase your legal fees substantially. The Family courts are aware of these issues, but the grind of progress is slow and is highly dependent on government funding.

As a result of the above, the justice system now place more onus on parties to consider alternative means of resolving their dispute outside of court.

What are the benefits of resolving matters outside of court?

• Time

A court case can take on average up to 1 to 2 years to reach conclusion.

By choosing an out of court method, you can dictate a timetable that better suits you, with a view to resolving matters much more quickly.

• Cost

 Once you are on the “conveyor belt” in court proceedings, it can be difficult to get off. There are a series of at least three court hearings in the court process when applying for a financial order following separation and/or in relation to children matters. If there are complex elements to your case, further hearings could be required.

Resolving matters outside of court gives you the option of sharing the cost of the process with your former partner. Instead of several hearings, you could reduce your costs to fewer, more cost-effective, meetings.

• Control

 Court backlogs can mean that Judges and Magistrates have limited time to consider your case and you can sometimes feel lost in the process. You may also feel the confrontational nature of court proceedings can increase the conflict and hostility between you and your former partner.

Beyond the court process, you and your former partner may need to continue to communicate with one another. An out of court method can give you both more control and dignity in how you deal with your separation.

Do I have to take part in out of court dispute resolution methods?

Recent changes to the law now require you to have consideration of non-court dispute resolution options before and during court proceedings.

Consequences of failing to consider such options could result in court proceedings being paused for you to explore NCDR, resulting in further delays. In some scenarios, a costs order could be made against you if you unreasonably refuse to engage in NCDR. That means not only would you be responsible for paying your own legal fees, you may have to pay your former partner’s legal fees as well.

There are exceptions to this rule and instances where NCDR may not be appropriate, for example if you have been the victim of domestic abuse. If you or your child(ren) are at risk of harm, we encourage you to seek early advice and support. You may find our guide on free resources available to you here.

It is important for you to be aware of the different options (including applicable exemptions) and how we can assist you in finding the most suitable option for you.

What are my options?

 At Wollens, we will explore several non-court dispute resolution options, including:

• Mediation: A voluntary, flexible and confidential process. A mediator will act as a neutral party who can facilitate a discussion and agreement between you.
• Resolution Together/One Lawyer One Couple: One legal professional advises and assists you both to achieve an agreement between you. If an agreement is reached, they can help encapsulate this into a joint agreement.
• Collaborative: A process where you both work together with your legal professionals in a series of round table meetings, focused on reaching resolution and avoiding the court process.
• Early Neutral Evaluation or Private hearings: An expert, usually a barrister or part time Judge, gives you an indication on how a court may resolve your dispute.
• Arbitration: An adjudicator will hear your case and provide you with a binding decision.

Our NCDR Guide provides more detail on each option.

If you’re unsure what option is best for you, please do not hesitate to contact our specialist Family Team.

Client feedback 

“At a time that couldn’t have been harder for our family, I was very lucky to find a solicitor who listened and helped me through a very demanding process.  It made things easier for me knowing I was being taken good care of and could rely on Wollens to act on my behalf. I would highly recommended them“