At Ward Hadaway, our experienced family law solicitors prioritise methods that minimise conflict, protect child welfare, and shield families from the emotional and financial strain of litigation. Choosing to settle your disputes outside of the courtroom gives you the flexibility to build bespoke solutions that work for your family’s future.
For NCDR options specific to children matters, you can find further information on our Child arrangements page.
The benefits of out-of-court resolution vs. court proceedings
Opting for alternative dispute resolution methods over traditional, court-led proceedings provides several distinct advantages for separating couples:
- Greater control: In a courtroom, a judge who does not know your family makes the final, binding decisions about your money and children. Out-of-court options keep the decision-making power firmly in your hands.
- Speed and efficiency: The family court system faces significant backlogs, meaning litigation can drag on for many months or even years. Out-of-court routes can be scheduled around your availability, drastically reducing the time it takes to reach a final settlement.
- Cost-effectiveness: Court proceedings are inherently adversarial and require multiple formal hearings, which quickly escalates legal fees. Resolving issues collaboratively is significantly more cost-effective.
- Absolute privacy: While family court hearings are increasingly opening their doors to the media, out-of-court resolution remains completely confidential, ensuring your financial and personal affairs stay private.
Family mediation
Mediation is where both parties work with a mediator to see if an agreement can be reached. The mediator does not give legal advice or act as a judge. Instead, they facilitate open communication to help you find common ground regarding divorce financial settlements and living arrangements for children. The mediator will be independent and they will not give either of you advice separately.
Mediation is entirely voluntary and confidential. It can take place with only the parties present, or solicitors can be present too, which is known as ‘hybrid-mediation’.
- If you attend mediation without a solicitor, our specialist family law solicitors can advise you alongside your attendance at mediation so that you are prepared and you have a strategy for each session, thereby making each meeting as constructive as possible.
- If we attend the mediation session with you then we will provide advice during the mediation session, and it may be possible to reach an agreement on a legal issue that would otherwise, if solicitors were not present, would have halted the mediation process whilst both parties took legal advice.
If a party wishes to make a court application, unless one of the limited exemptions apply, it is compulsory for parties to attend a mediation information and assessment meeting (MIAM) with a mediator to consider the suitability of family mediation before commencing court proceedings. This highlights how heavily the legal system favours out-of-court settlements. Our Family Team can recommend local mediators who would be suitable for your case, and they can make the referral for the MIAM.
Alternative methods of non-court resolution
Beyond advising alongside and within mediation, our Family Team is highly adept at utilising other sophisticated ADR frameworks to secure agreements:
Private Financial Dispute Resolution (FDR)
An FDR is a court hearing which is designed to enable the parties, with the assistance of a judge, to identify and seek to resolve the issues by agreement. A private FDR is a similar process, but instead of being held by a judge in court, it is conducted by a ‘tribunal’ who is an experienced solicitor, barrister or former judge in their offices or chambers and the parties pay for the tribunal’s services. The cost of the tribunal is shared equally between the parties, and they each pay for their own legal fees. The tribunal’s role is not to give a ruling, but to steer the parties involved towards a settlement by agreement.
Clear benefits are that you choose the venue, the scope of the dispute, and the timeline. This can be a quicker process than court proceedings, and it has the benefit of being a more comfortable experience (i.e. less stressful than attending court and the date is selected at your convenience). Most cases settle at an FDR stage within court proceedings, and having a private FDR before commencing litigation can often help save money in the long run if an early settlement can be reached.
If no agreement is reached at a private FDR then arbitration or court proceedings can be considered.
Arbitration
Like with a private FDR, an experienced solicitor, barrister or former judge is the ‘arbitrator’ who is agreed by the parties and whose cost is shared equally between the parties. Arbitration is a similar process to court proceedings, and the same rules are observed but the case is conducted in a private forum. Evidence can be heard from the parties, and also any agreed experts can give evidence. The difference from a private FDR is that the arbitrator hearing the case will make a binding decision, called an award, which is then registered at the court. Arbitration provides for a swift, high-end alternative to the public court system.
There are the further benefits of scheduling the arbitration to your own timeline and the chosen arbitrator having a specialist knowledge of the issue in dispute, for example matrimonial finances and/or child arrangements. Plus the fact that a final decision will be made is useful in cases which are complex and/or where a deadlock has been reached on a particular point.
Collaborative law
In collaborative law, you and your partner each instruct your own specially trained collaborative lawyer. All four parties sign a formal participation agreement pledging that they will work together in good faith to reach a settlement without going to court. If the process breaks down, the lawyers must step down, giving everyone a powerful financial incentive to reach a successful, amicable conclusion in face-to-face meetings.
At Ward Hadaway we have Gemma Iceton, Louise Masters and Greg Cross who are all lawyers who have trained in the collaborative law approach with Resolution. They work with other collaborative specialists, locally and nationally, to conduct cases in this constructive way whereby both parties and lawyers will all meet together to work things out face to face. If the collaborative process breaks down, you would need to instruct new solicitors for any potential court application, and this creates an incentive to fully commit and buy in to the process. Find out more about a collaborative divorce here.
Is an out-of-court settlement right for you?
ADR and NCDR offers a range of options that may help families reach solutions in a less confrontational and more cost-effective way than traditional court proceedings. While out of court resolution is highly beneficial, it requires both parties to enter the process with an open mind, a willingness to compromise, and a commitment to full financial transparency.
If there is an extreme imbalance of power, a total breakdown in communication, severe domestic abuse, or a risk of asset concealment, court-led intervention may still be necessary to protect your rights. Our experienced lawyers will evaluate your personal situation to recommend the safest, most effective path forward.
If you are facing a family law issue and would like to explore the most appropriate route for you and your family, please contact our team. We are here to provide clear advice, practical support and compassionate guidance at every stage of the process. Contact Ward Hadaway today for a confidential, no-obligation discussion to explore your options.