Non-court dispute resolution: what rising family court cases mean for you
Non-court dispute resolution (NCDR) means initially attempting to settle a family dispute without a judge making the decision. If the issues are then resolved, you may in some cases then submit an agreement to the court for approval by a judge.
It includes mediation, arbitration and collaborative law. Where it is safe and appropriate, it can be quicker, more flexible and less stressful than going to court. With new figures showing a rise in family court cases in England and Wales, family law professionals are increasingly encouraging families to consider these alternatives where suitable.
If you are separating, our family law team can help you find the right route for your children and the financial side of your separation.
Family court cases rise in 2026
The Ministry of Justice Family Court Statistics Quarterly for April to June 2026 recorded 14,833 new private law cases about children. That is 11% more than a year earlier. Financial remedy applications rose by 4% to 12,369. Open private law cases reached 41,637, up 14%. Some applications end without the court making a final order. This has led to calls for more families to try other options first, where it is appropriate.
What non-court dispute resolution means
Courts are placing increasing emphasis on resolving family disputes outside the courtroom where possible. Since April 2024, the Family Procedure Rules have given non-court dispute resolution a broad definition and may require courts to consider whether it may be suitable throughout a case.
In most children cases and contested financial cases, each person must also give their views on NCDR in a form before the first hearing. Some exceptions apply. The court can pause a case so you can try a suitable option. In financial cases, refusing to take part without a good reason could mean paying some of the other person’s legal costs. This is particularly relevant in civil litigation cases.
Mediation
A trained, independent mediator helps you and your former partner make decisions together. It starts with a Mediation Information and Assessment Meeting (MIAM). Here, the mediator checks that mediation is safe and right for you. If you would rather not meet face to face, the mediator can move between separate rooms. This is called shuttle mediation. What you agree is written up in a Memorandum of Understanding.
Arbitration
An arbitrator, often a senior family lawyer or retired judge, listens to you both and makes a decision. You agree at the start to follow it. Arbitration can help with the financial side of separation and with many issues about children.
Collaborative law
You each have a collaboratively trained solicitor, and all four of you meet to work through the issues. You agree not to go to court while the process continues. If it breaks down and one of you goes to court, you will both need new solicitors.
How NCDR works for finances
Sorting out money after separation usually follows these steps.
- Attend a MIAM to pursue mediation or an application to the court.
- Share full details of your income, property, savings, debts and pensions.
- Get valuations where needed, such as for the home or a pension.
- Talk through the options, with legal advice alongside.
- Write down what you have agreed.
- If you are divorcing or ending a civil partnership, ask a solicitor (not the mediator) to prepare a consent order for the court.
For example, a divorcing couple might agree that one keeps the home and the other gets more of the pensions. A judge will check the agreement and may ask for more details. Many consent orders are approved without a hearing. Once approved, the order is legally binding. Unmarried couples have different rights, so their agreements are made formal in a different way. Our guide to divorce financial settlements and our financial arrangements page explain more.
How NCDR works for child arrangements
You know your children best. NCDR lets you shape plans around your family’s everyday life. Parents often agree on:
- Where the children live and how much time they spend with each parent.
- Handovers, school holidays, birthdays and festivals.
- Schooling, health and after-school activities.
- How you will keep in touch and settle future disagreements.
Many parents write this down in a parenting plan. Children aged 10 and over should be offered the chance to talk to a specially trained mediator, where it is suitable. Taking part is always their choice. A working agreement is often enough. Our disputes involving children team can help if you are unsure where to start and whether it’s appropriate to formalise the agreement with a court order.
Timescales compared with court
Time is often the biggest difference between NCDR and court. The NCDR timings below are a guide only, as every case is different.
| Route | Typical timescale | Who decides |
|---|---|---|
| Mediation | Often one to four sessions of around 90 minutes | You both |
| Arbitration | Often a few months, depending on everyone’s availability | The arbitrator |
| Collaborative law | Several months, depending on how often you meet | You both |
| Court (children) | 33 weeks on average for cases ending April to June 2026 | A judge |
| Court (finances) | Varies a lot, depending on how complex the case is and whether it is contested | A judge |
When court is still needed
NCDR is not right for every family. Court may be the better route if:
- If each party has a very different view as to what is fair and reasonable.
- If one party has an entirely unrealistic position.
- There has been domestic abuse, or you are worried about a child’s safety.
- A decision is urgent, such as a risk of a child being taken abroad.
- The other person will not take part in any form of NCDR.
- Someone is hiding money or will not share financial details.
- An agreement or order needs to be enforced.
In some of these cases, you may not need to attend a MIAM first. There are rules about the evidence you need. If your former partner keeps applying to court, our guide on stopping repeated child arrangements applications explains your options.
How Fosters Solicitors can help with family law in Norwich and Norfolk
Our family law solicitors provide clear, practical advice on all aspects of separation and divorce, including child arrangements, financial settlements and resolving disputes.
For families who would like to explore an alternative to court, we also offer family mediation. Our mediation service is led by a mediator accredited by the Family Mediation Council and operates separately from our legal team, ensuring the process remains impartial.
MIAMs start from £120 plus VAT per person, with mediation sessions from £160 plus VAT per person. If an agreement is reached, our family solicitors can advise you alongside the process provided the mediation has not taken place at Fosters and, where appropriate, help make arrangements legally binding through a consent order.
We support clients from our offices in Norwich, Lowestoft and Wymondham. Whatever stage you are at, we’re here to listen, explain your options and help you take the next step. Contact us for a friendly chat with our team.
FAQs
What is non-court dispute resolution in family law?
It is a way of settling a disagreement about children or finances without a judge deciding. The main options are mediation, arbitration and collaborative law. You may still want to submit an agreement to the court for a judge to approve.
Do I have to try mediation before going to family court?
In most cases, you must attend a MIAM before applying to court about children or finances. Mediation itself is voluntary. Exemptions can apply in some cases of domestic abuse or urgency, subject to rules on evidence.
Is an agreement reached through non-court dispute resolution legally binding?
An agreement from mediation is not binding on its own. If you are divorcing, a solicitor can turn it into a consent order. This becomes binding once a judge approves it. An arbitrator’s decision is generally binding under your arbitration agreement. A court order may still be needed to enforce it.
How long does family mediation take?
It depends on the issues and everyone’s diary. Many mediations finish in one to four sessions of around 90 minutes. Complex financial cases can take longer if valuations are needed.
Can the court make me use non-court dispute resolution?
The court cannot force you to agree. It can pause your case so you can try NCDR. In financial cases, refusing to take part without a good reason can affect who pays legal costs.
This article was produced on the 22nd October 2026 for information purposes only and should not be construed or relied upon as specific legal advice.
