Non Court Dispute Resolution
NCDR
Non Court Dispute Resolution (NCDR)
Since 29th April 2024 under the provisions of The Domestic Abuse Act 2021 the court has a duty to consider at every stage in the proceedings, whether NCDR is appropriate. The court is likely to want to see genuine attempts to settle at every stage of the proceedings.
The parties are now required to file a form FM5 7 days before the first hearing, whether it be finances or children matters. This form asks potentially difficult questions. It specifically asks the litigant to explain why they are seeking a court order if they have not attended NCDR. Or if they have attended NCDR, why are they now seeking an order? There is now an onus to justify the need to go to court. Furthermore, the court can direct that the FM5 is completed at any point during the proceedings
NCDR is, nowadays, far broader than simply mediation and there are several options available to parties seeking to proceed down this route, such as:
- Arbitration, which is similar to the concept of a ‘trial’ or final hearing in court, however a privately-funded, jointly-appointed arbitrator acts as decision maker, whose decision is thereafter binding on the parties, just like a court order;
- Mediation, where an independent mediator is appointed by the parties to facilitate discussions between the parties in an attempt to reach agreement as to a potential settlement; or
- Collaborative law where typically, parties are legally represented at a round-table conference and, similar to a mediation, discussions are held with a view to resolving the matter in terms the parties have agreed on.