Our family team has been at the forefront of driving positive change when it comes to non-court dispute resolution (NCDR). We advocate for everyone in family law to shift from court-based litigation to more bespoke support through NCDR methods. This article will take a look at the benefits of Mediation versus Court.
What is Non-Court Dispute Resolution
Non-Court Dispute Resolution (NCDR) encompasses various methods that assist individuals in resolving disputes without resorting to court proceedings. These approaches are particularly beneficial for separating families, offering advantages such as reduced time, stress, and costs, as summarised below in relation to process of mediation.
With NCDR in mind and in particular, mediation, let’s look at the benefits of mediation over the court process:
| COURT | MEDIATION | |
| COSTS | Court proceedings can be costly. There are normally a number of hearings before a settlement is reached, and set directions that parties need to follow. There are typically solicitors fees in preparing for a hearing and then separate fees for a barrister to represent you. There will also likely be work thereafter, to finalise the order and comply with any next steps ordered. Each party is responsible for their own costs. | The cost of mediation is usually shared between you and your former partner, but they can be met in any way you agree. There is also the assistance of the Ministry of Justice voucher which is currently available to provide £500 per couple towards the cost of mediation – subject to a few conditions. |
| SPEED | The court system is very busy and therefore, it can take a matter of months and sometimes, up to a year, to receive a court date. This is dependent on the type of hearing you are waiting for and the court that you are in. The court also sets directions that parties need to follow within strict timescales. | You are in control of when the mediation sessions take place, how long you want them to be for and how many sessions you need. You can also tailor what information/documentation you want to provide each other, which can help resolve things quicker. |
| COLLABORATIVE | Court proceedings should be used as a last resort, and can increase tensions. This in turn can impact the approach that individuals have to the process. | · Mediation is about encouraging families to reach solutions together, with professional guidance, to ease the pain and financial impact of family breakdown. This can allow for more constructive discussions to take place. |
| RISK OF COSTS | Following the amendment to the Family Procedure Rules last year, the change in these rules now creates an expectation that family law issues are to be resolved outside of court, requiring you and your legal team to present your views on NCDR before each hearing. Failure to genuinely explore these alternatives can result in cost consequences, delays, and judge’s refusal to proceed with the court-based process, encouraging you to consider other resolution methods. | None – if you start mediation and it is not for you, then, there is no obligation to continue or penalties for not proceeding further, when not in the court process. |
It’s important to note that NCDR services are continually evolving, with new models and approaches emerging. Consulting with a mediator or solicitor can help determine the most appropriate method of mediation for your specific circumstances.
Find out more about the different types of mediation – Different types of mediation – Which one is right for you?
How Moore Barlow can help
To fully support the positive change with non-court dispute resolution, and in particular, the important role that mediation can have, we want to ensure that you have the best opportunity to resolve matters outside of court if possible. We therefore provide several private family solutions to manage all areas of family law to suit the needs of your family. Get in touch with our family mediation solicitors for more information.
