7 March 2025
The 2024 changes to the Family Procedure Rules (FDR) mean clients are now encouraged to explore alternative dispute resolution methods, with family law practitioners providing guidance on the best options available. Mediation, arbitration, private FDRs, and collaborative law provide quicker, more affordable, and less confrontational ways to resolve disputes without going to court.
Cost-effectiveness
Going to court can be costly, with legal fees adding up over time. Filing documents, attending hearings, and hiring experts all increase expenses. In contrast, NCDR options are usually faster and more affordable. Private FDRs, for example, offer an early case review at a much lower cost than a full court trial.
To encourage mediation, the Family Mediation Voucher Scheme has been extended until 2026, offering up to £500 per case for children-related disputes. This financial support aims to make mediation more accessible and reduce court reliance.
Speed and efficiency
The court system remains under strain, causing long delays in financial and children-related cases. NCDR offers much faster solutions. Mediation can happen within weeks, while arbitration and private FDRs let people set their own hearing dates instead of waiting for a court slot. In financial cases, avoiding delays can help prevent unnecessary stress and hardship.
Greater control and flexibility
NCDR gives people more control over their outcomes instead of leaving the decision to a judge. Mediation and collaborative law help create solutions that fit their needs, while arbitration lets them choose an expert to decide their case. In court, decisions follow strict rules, leaving little room for flexibility.
Reduced emotional strain
Going to court can feel like a battle, often making conflicts worse instead of solving them, especially when children are involved. Mediation and collaborative law help people communicate better, keeping relationships intact and reducing stress. Plus, NCDR takes place in a more relaxed setting, making it far less intimidating than a courtroom.
The need for legal advice
While NCDR offers many benefits, legal advice remains essential. Mediators and arbitrators do not provide legal representation, so parties should obtain independent legal advice to understand their rights and obligations. A solicitors can ensure that settlements are fair, legally sound, and enforceable if necessary.
Confidentiality and privacy
With increasing court transparency, many clients value the confidentiality of NCDR. Arbitration and mediation allow disputes to be resolved privately, without personal matters becoming public.
NCDR offers significant advantages over court proceedings, including lower costs, faster resolutions, greater flexibility, and reduced emotional strain. With the Family Mediation Voucher Scheme extended to 2026 and new court rules encouraging engagement with NCDR, it is more important than ever for family law practitioners to guide clients towards these alternatives while ensuring they receive appropriate legal advice.
To speak to our family and divorce team about exploring NCDR or mediation please get in touch with Naim Qureshi on 01494 781356 or email naim.qureshi@blasermills.co.uk.