What is Non-Court Dispute Resolution in Family Law?

In April this year, changes were made to the Family Law procedure rules to encourage family law disputes to settle using Non-Court Dispute Resolution (NCDR) methods, such as mediation and arbitration.

These changes have been made to help reduce the backlog in the current court system and provide couples with a more amicable and timely resolution to their family disputes.

One of the key shifts that is already happening is that the Family Courts now have the right to adjourn proceedings to request that the matter be considered for NCDR, with a costs penalty put in place for non-compliance. The default in in family law proceedings has always been that each party bear their own costs, but since these changes, courts now have the discretion to order one party to contribute to the other's legal expenses if they fail to engage in NCDR without valid reasons.

The changes to the rules include a requirement now that seven days before the first hearing, both parties must file a form outlining their perspectives on NCDR suitability, prompting serious consideration and discussion of these options.

At Venters Solicitors and Mediators, we know that there are several benefits to out of court resolution including reduced stress, lower costs and above all much quicker resolution of the dispute, but we also know that not all cases are suitable for an out of court settlement and we are here to ensure that you consider all of the options available to you.

What are the Non-Court Dispute Resolution Options?

Mediation

Mediation offers a viable solution when you are trying to build a consensus on matters arising from a separation, such as finances, property, or child arrangements. This involves both you and your former partner collaborating with a mediator to engage in open and honest discussions, gaining a comprehensive understanding of each other’s perspectives, and working jointly towards a resolution.

The first stage of mediation is commonly referred to as a Mediation Information and Assessment Meeting, or MIAM. This will typically span about an hour, providing you with an opportunity to discuss your situation and the unresolved issues with the mediator. You must both attend a MIAM to be able to progress with mediation. The agreements reached during mediation are not legally binding, however a consent order can be drafted by a solicitor that converts the terms that you agree in a legally binding order.

For more information read our guide to family mediation.

Arbitration

Arbitration is a little bit like hiring your own private judge who will work with you to help you find a resolution to a specific issue. The difference is that the Arbitrator has the power to make decisions on any substantive issues where you cannot agree. The process is similar to mediation in that all parties must collaborate and engage fully in the process, but the outcome of the arbitration is final and legally binding once the Arbitrator sends out the written award (or judgement).

Early Neutral Evaluation

Early Neutral Evaluation works well in the early stages of a family law dispute, and it involves working with an independent and impartial evaluator who will consider the issues and then provide a neutral preliminary view of the likely outcome.

Early Neutral Evaluation is better completed by an experienced senior family law solicitor who can have oversight of all of the potential issues and outcomes. The evaluator may not provide the answers that you want to hear but it does assist in working out the best route forward for the issue at hand.

The role of the evaluator is not to give a legally binding decision, but to consider all of the issues and then provide an indication as to a likely outcome if the case were to proceed to court and provide an opinion on the best course of action, particularly with the move to NCDR in the majority of cases.

At Venters Solicitors and Mediators, family law is what we do. We specialise in private family law and children law matters and have a team of Solicitors and Mediators here to assist with all types of resolution. We are here to help.