Introducing Non Court Dispute Resolution – NCDR

If you are trying to negotiate a financial settlement with your Ex then you need to know about Non Court Dispute Resolution, or NCDR for short. This page will help you understand WHY it is so important and WHAT your options are here at Family First Solicitors…

Why does it matter to me?

If you are negotiating a financial settlement in your divorce or civil partnership then you want to get to a settlement as fast as possible, with terms that you can live with. Those terms must mean you can make ends meet, shelter your children, account for uneven contributions, share fairly and let you both get on with life.

Difficult personalities or tough financial situations can mean that that is easier said than done.

Even though you want to negotiate, you may be worried that, without an authority figure, nothing reasonable can be or will be agreed. For instance, your Ex ignores your point of view, solicitors are trying to do things using voluntary disclosure and negotiations but the other party seems hell-bent on racking up legal costs, or ignores your solicitor completely. It looks like you will have to go to court, where the authority and power of the judge can force disclosure and engagement with the process.

Or maybe you’re reading this because you’re in the court process already; the bills are eye-watering and you need help and it really feels like life is on hold. Your business, your mental health, and your children are suffering.

Doesn’t it seem crazy that you have to go through a draining, lengthy process to get to answer that meets everyone’s needs?

The justice system is well aware of the backlogs, delays and expense that issuing court proceedings entails. The court agrees that, most of the time, using court for a relatively simple divorce is like using a hammer to crack a nut. You are now expected to try very hard to avoid court and settle fairly, but fast, using NCDR.

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The Technical Bit

The Pre-Action Protocol for Financial Remedy Proceedings is here 

In short, anyone who is is thinking about going to court to help achieve a financial settlement MUST make efforts to settle the dispute out of court, including:

  • Providing honest disclosure
  • Helping everyone understand what they want and why they want it
  • Trying to reduce the costs of settlement for everybody (we’re looking at you three-letter-a-day lawyers)
  • Engaging in appropriate NCDR.

Hint – Sitting round a table at the Dog & Duck in the presence of your passive aggressive father in law is not NCDR. Actually, on their own, even solicitors’ letters are not likely to be considered NCDR to the necessary level.

Why should I care? It’s only a protocol…

Because the failure to engage in appropriate NCDR is going to result in ‘consideration of costs’ penalties. That means you paying both your lawyers and those of your Ex. That’s why you should care.

Judges are taking these rules seriously. Part of the reason they have been implemented if to try to lessen the number of people who are in the court system and there are not enough courts, judges and back-office staff to go around.

What are my options?

In this video, Ursula Rice explains a range of options to settle your family matter without resorting to the Court process.

At Family First we offer several Non Court Dispute Resolution options. Some are suitable for before court, some both before and during court proceedings. We can help you with:

Resolution Together - Single Solicitor Divorce. One of the Non Court Dispute Resolution - NCDR - options from Family First Solicitors - Oxford London

Single Solicitor Service

Two parties: one lawyer. This is a relatively amicable solution, but you need some legal assistance before arriving at a final settlement. Takes place before any court proceedings are started.

Mediation Oxford - Family First Solicitors - Picking Sides

Mediation

Mediation involves a trained facilitator to help you negotiate from scratch, or to negotiate at any point during the court process. Mediation can take place before or during court proceedings.

Early Neutral Evaluation - One of the Non Court Dispute Resolution - NCDR - options from Family First Solicitors - Oxford London

Early Neutral Evaluation (ENE)

An independent written opinion of the strengths and weaknesses of each party’s case by a specialist senior Solicitor or Chartered Legal Executive. Takes place before any court proceedings are started.

Private Financial Dispute Resolution - One of the Non Court Dispute Resolution options from Family First Solicitors - Oxford London

Private Financial Dispute Resolution Hearing (pFDR)

Takes place after a court has agreed that you can try  to resolve your dispute in this way. You usually have a court order that permits you to exit the court process for a short while.

Children and NCDR

NCDR does apply to child matters as well, although where there are safeguarding concerns it is unlikely to be an appropriate process.

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