Separating? There’s a better way than court

So what is NCDR?

Non-court dispute resolution (NCDR) is the umbrella term for any process that helps you and your ex reach an agreement without a contested court hearing.

It is not one thing. It is a menu of options, and the right one depends on your situation, your relationship with the other person, and what you are trying to resolve. It can cover:

• where your children live and how much time they spend with each parent;
• how your finances and property are divided on separation;
• disputes over a shared home if you were not married.

Your options

Mediation: you stay in the driving seat

A trained, neutral mediator helps you both talk through what matters. They do not take sides or make decisions. What they do is help you find common ground, often in just a few sessions.

It is confidential, cheaper than court, and any agreement reached can be made fully legally binding with the right legal advice alongside it.

Collaborative law: with lawyers in the room

You each have your own solicitor, but instead of firing letters at each other, you all sit down together and negotiate face to face. Structured, respectful and, crucially, you both stay in control of the outcome.

Arbitration: a private decision, fast

Need a binding decision but cannot face a long court wait? Arbitration lets you appoint your own expert, usually a barrister or retired judge, to hear the case and decide. Private, fast and final.

Solicitor negotiation: straightforward and effective

Experienced solicitors negotiating on your behalf, by correspondence or around a table. No drama. Just skilled professionals working towards a fair outcome.

Since April 2024, the family courts expect most people to try NCDR before issuing court proceedings. If you refuse without a good reason, a judge may order you to pay the other side’s legal costs, even if you win on the day.

Does court ever make sense?

Yes, and we will always tell you honestly when it does. If there has been domestic abuse, if someone is hiding assets, or if a child needs urgent protection, court proceedings may be the right and necessary route.

But for most separating couples, NCDR is faster, cheaper, more private, and leads to agreements that actually hold, because both of you had a hand in shaping them.

Not sure where to start?

We know this is a difficult time. Our family law team will listen, explain your options plainly, and help you find the most constructive path forward, without the legal jargon. Whether your concerns are about arrangements for your children or a financial settlement, there is usually a route that avoids a contested hearing.

Call us for a confidential, no-obligation conversation. We are here when you are ready.

Important: please read

This article is for general information and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Every family situation is different, and the law as it applies to your specific circumstances may differ from the general position described here.

Reading this article does not create a solicitor-client relationship between you and Arona St James Solicitors. You should always seek independent legal advice tailored to your own situation before making any decisions.

While we have taken care to ensure the information in this article is accurate as at the date of publication, family law can change. We cannot accept responsibility for any action taken, or not taken, in reliance on this content.

Arona St James Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA No. 619031). This article is published in accordance with the SRA Standards and Regulations.