Non-Court Dispute Resolution (NCDR) is now front and centre, marking a transformation in how family breakdowns and disputes are managed and resolved.

What Is NCDR and Why the Change?

NCDR refers to a several different processes that help families resolve disputes without the adversarial nature of court litigation. It now extends far beyond traditional mediation and includes:

• Arbitration
• Collaborative law
• Early neutral evaluation by an independent third party
• Private Financial Dispute Resolution processes

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This shift comes amid increasing pressure on the court system, heightened awareness of the personal and financial toll of litigation, and a wider push for more amicable solutions, especially when children are involved.

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Key Recent Reforms Driving the Future

• Mandatory Consideration and Documentation: All parties must now formally consider NCDR and detail their engagement before (and during) any family court proceedings. This is done in a form that has to be filed with the court called a FM5. This means people must explain what was tried, why it failed, or why going to court is the only option. This process can be revisited at various stages if the case proceeds.
• Court Powers Enhanced: Judges themselves are empowered to adjourn cases for NCDR, even when one or more parties object. This power is a clear signal, families are expected to seriously attempt alternative resolution before expecting the court to step in.
• Reduced Exemptions and Cost Penalties: Exemptions for skipping NCDR (like MIAMs — Mediation Information and Assessment Meetings) are now more limited, mostly targeting urgent, safeguarding, or abuse cases. Unjustified refusal or lack of participation can mean cost orders against the non-compliant party, adding a significant financial incentive to try NCDR.
• Growing Range of Available Methods: The legal system recognises evolving practices; arbitration, private neutral evaluations, and collaborative methodologies are all within scope, and further innovation is likely as technology and professional practice evolve.

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Practical Impacts: Where Is NCDR Headed?

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1. Reduced Court Congestion, Quicker Resolutions and costs savings

NCDR aims to resolve issues earlier and more amicably, minimising long delays and emotional strain. This not only frees up court resources for cases that fundamentally require a judge’s intervention but ensures more timely outcomes for families. NCDR is also often much cheaper than court proceedings.

2. Greater Flexibility and Accessibility

New rules allow for creative solutions tailored to each family’s needs. The growing popularity of online mediation and remote processes further increases access, especially for those with mobility, distance, or scheduling challenges.

3. Ongoing Judicial Encouragement

Court intervention is becoming a true last resort. Judges are expected to champion alternative settlements at all stages, and more private settlement mechanisms mean professionals (lawyers, arbitrators, mediators) must stay up to date on new processes and requirements.

4. Attention to Children’s Welfare

NCDR is well suited to keep the focus on children's best interests, allowing greater privacy and less combative engagement. Families can devise creative parenting plans that are often more sustainable, flexible, and child-focussed than rigid court orders.

5. Financial Accountability

With the risk of adverse cost orders for refusal or delay, financial consequences now strongly encourage good-faith participation in NCDR. This is set to drive increased engagement rates and more rapid settlements.

6. Innovation and Evolution

The expanded definition of NCDR allows room for further approaches including digital dispute resolution, AI-enabled support tools, and future legal frameworks built around out-of-court settlement as the default expectation, not just a suggestion.

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Conclusion: Almost Compulsory, Increasingly the Norm

2025 is shaping up to be a pivotal year. Expect the following trends to take hold as NCDR grows in influence:

• NCDR as default expectation: Families, lawyers, and judges will treat NCDR as the standard. Reasons for proceeding to court must be robust and documented.
• Improved access to justice: Faster, more creative, and less adversarial solutions are prioritised, particularly in protecting children’s interests and reducing emotional harm.
• Continued refinement: Monitoring, feedback, and possibly technological advances will refine these pathways ensuring alternatives to court are always fit for purpose.

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The future of family law is clear, NCDR is here to stay, and the profession and the public alike will need to adapt as this develops.

If you would like to know more about how family mediation can help you or someone you know book a free call via our website or email us at hello@familymandm.co.uk You can also call us on 0800 206 2258.

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