Individual / Family
The term NCDR encompasses the processes that can be adopted for those wishing to opt-out of the court system when resolving matrimonial and/or family issues and disputes. It is generally seen as a more effective alternative to court both in respect of timing and costs. Also, if successful, it removes the uncertainty of the court process and empowers people to determine their own outcome for them and their children.
The processes which fall under this term are Mediation, Collaborative Law, Negotiation Between Lawyers, Early Neutral Evaluation / Private FDRs and Family Arbitration. Each of these processes can be quicker and less expensive whilst also ensuring privacy, in contrast with the traditional court process.
A neutral third party (mediator) helps the parties communicate usually during face-to-face meetings, either in person or via a video link. The mediator’s role is to provide a safe environment for discussions which they will facilitate over as many meetings as are deemed necessary to hopefully achieve a final agreement.
It is a voluntary process, albeit that the court now requires the parties to meet with a mediator before making a court application (unless an exception applies), and the remit can be a discrete issue that the parties are struggling to overcome e.g. the children’s names or interim financial support, or more substantive e.g. the day to day arrangements for the children or how to fairly split their finances. It is usually seen as a positive way to promote co-parenting and problem solving.
The mediator’s role is not to provide legal advice but to support and facilitate the parties reaching an agreement. Most mediators also encourage the individuals to seek specialist legal advice in the background to assist discussions and to hopefully ensure that any final agreement reached in the mediation process will be upheld by the parties particularly when/if inviting the court to convert it to a final order.
Each party instructs a collaboratively trained lawyer and discussions/negotiations take place together with the common aim to resolve matters. At the outset, an agreement is signed by all parties confirming they are committed to resolving matters through the collaborative process and if they cannot, the lawyers are not allowed to present the parties in any subsequent court proceedings.
The main advantage to this process is that the emphasis is on a team approach, where other professionals can be involved such as financial advisers, accountants, pension experts and child specialists. Also, the focus is upon transparency and legal advice can be given to the parties during the meetings.
Each party has a lawyer and they negotiate on your behalf either through telephone discussions, in writing or face-to-face meetings. This approach is probably the most traditional and has been adopted in many cases by specialist family lawyers, particularly where the issues are not complex and a resolution can be achieved swiftly.
You agree to appoint an independent neutral family law specialist (usually a barrister) to consider your respective positions either face to face or on paper and provide their view on how they believe a judge would decide the case if it were in court. The neutral’s view is not binding upon the parties but in most cases it helps to narrow the issues and promotes a settlement being reached.
A private process where a neutral arbitrator is agreed and appointed by the parties (often a specialist family barrister or retired judge) who then hears from both and makes a binding decision. It is very similar to the court process in that a third party is determining the outcome of the dispute to which both parties must then comply. However, it is in private, you can create your own timetable which works around you and you choose the identity of who will be determining your case.
In summary, family issues and disputes can have a significant impact on those involved and obtaining specialist legal advice at an early stage is imperative. At Gorvins we pride ourselves in ensuring that at all times you are fully aware of the options available to you, helping you to make informed decisions and supporting you through every step of the process.
