Non-court dispute resolution – Alleviating the stress of court proceedings.
Court proceedings can be slow, costly, and emotionally draining factors that often intensify stress at an already difficult time. It is therefore worth exploring alternatives that can reduce this burden and help people resolve family disputes more constructively.
Non-Court Dispute Resolution (NCDR) options such as:-
- Mediation,
- Early Neutral Evaluation (ENE),
- Private Financial Dispute Resolution (pFDR), and
- Arbitration.
They provide more flexible, private, and often quicker ways to reach agreement without the need for a full court hearing.
While mediation is the most widely recognised form of alternative dispute resolution, this blog focuses on alternative, highly effective options: ENE, pFDR, and arbitration. These approaches can offer tailored, less adversarial solutions that reduce emotional strain and give parties greater control over the outcome.
Early Neutral Evaluation (ENE)
If you and your former partner are struggling to reach agreement but aren’t ready to have a decision imposed by the court, Early Neutral Evaluation (ENE) may be a valuable option.
In ENE, an independent family law professional, typically an experienced barrister is jointly appointed to review the issues, consider the evidence, and offer a non-binding opinion on the likely outcome if the matter where to go to court. This early guidance can help clarify expectations and encourage settlement discussions.
ENE is less formal than court and can be tailored to your specific needs. It may be conducted in person or on paper and is often used to resolve particular issues within a wider case, whether financial or child-related.
Before the evaluation, both parties (with legal support, if applicable) prepare and exchange settlement proposals for the evaluator’s review. The process is voluntary, usually faster, and more cost-effective than court proceedings, and can help reduce uncertainty and stress at an early stage.
Increasingly, courts expect parties to consider non-court options. Refusing to do so without valid reason can result in cost penalties.
Private Financial Dispute Resolution (pFDR)
A Private Financial Dispute Resolution (pFDR) hearing mirrors the Financial Dispute Resolution (FDR) hearing held in court but takes place privately, outside the formal court process. It is used exclusively to resolve financial matters arising from divorce or civil partnership dissolution.
In a pFDR, you and your former partner jointly instruct an experienced evaluator, such as a retired judge or senior barrister who focuses solely on your case. This private setting offers greater confidentiality, flexibility, and often a faster route to resolution.
As in a court-based FDR, the evaluator considers financial disclosure, evidence, expert reports, and legal arguments before giving an indication, a non-binding view on a likely outcome if the case went to trial.
This indication acts as a foundation for constructive negotiations. While not binding, it often leads to resolution either on the day or shortly after. If no agreement is reached, the matter can still proceed through the court process and bypass the FDR stage to a final hearing.
pFDRs are particularly helpful in reducing the emotional and logistical pressures of court involvement, allowing parties to engage in settlement discussions in a more supportive and controlled environment.
Arbitration
If mediation or other routes haven’t led to resolution, but you still want to avoid court, arbitration might be a suitable alternative.
Similarly, as the above routes, you and your former partner jointly appoint a qualified arbitrator, such as an experienced barrister, who acts as a private judge and makes a legally binding decision on the disputed issues.
Arbitration can address the whole case or focus on specific matters such as division of assets, maintenance, or which experts should be instructed. It offers a high degree of flexibility, privacy, and can be scheduled to suit your timetable, often leading to a quicker outcome than waiting for a court date.
Unlike other NCDR options, arbitration results in a final decision, which is binding on both parties and can be converted into a court order.
Final thoughts
Choosing a non-court route doesn’t mean giving up on fairness or legal protection, it simply means resolving issues in a more manageable, and often less stressful way.
Alternative options such as ENE, pFDR, and arbitration can support healthier outcomes for families and reduce the emotional toll of traditional court proceedings.
How Moore Barlow can help
Our experienced team of divorce solicitors are here to provide you with the support and guidance you need to navigate non-court dispute resolution process.
We offer a range of services to help you achieve the best possible outcome for you and your family, from mediation and collaborative law to court representation. Let us help you move forward with confidence.
