Non-Court Dispute Resolution

There are a number of Non-Court Dispute Resolution (NCDR) options that can be explored when dealing with a family dispute. We are fully equipped to guide and support you through these processes. As well as mediation which is described in detail above, these can include:

Direct Discussion

We will try and give a clear ‘steer’ as to the range of outcomes in a case as early as possible to enable parties to have constructive discussions together minimising the involvement of lawyers. If parties are amicable this can often be the key to unlocking agreement between them. Lawyers can then be used as advice-givers and administrators to ensure any agreement reached is binding.

Mediation

Mediation is a voluntary process where separating couples work with an accredited mediator (often also a family lawyer) to help reach an agreement about key issues such as finances, children or property. The mediator acts as a neutral facilitator and does not give legal advice but can provide legal information to help both parties explore realistic and workable solutions.

Mediation can be of real use to couples who want to agree matters directly but need a little help and steer to reach an outcome.

It’s important to note that mediation is not a replacement for legal advice. We always recommend having legal support alongside the mediation process to ensure your interests are protected and you’re fully informed before any agreement is finalised.

For more complex cases, or where direct communication is challenging, Hybrid Mediation may be more suitable. In Hybrid Mediation, the mediator can hold confidences and meet with each party separately. The mediator does not need to share all information with the other participant in separate meetings, which can therefore aid the mediator in assisting the participants to reach a decision. Hybrid Mediation is often the ‘go to’ model when domestic abuse is identified or if one party is a high conflict personality as the participants do not have to see each other. There is also the option of both parties having their own solicitors attend alongside them to provide support and legal advice within the meeting.

At Hall Brown our specialist family lawyers are able to fully support clients through the mediation process in both a traditional and Hybrid Mediation setting to assist participants to reach a fair agreement.  

Collaborative Law

The collaborative process requires each party to have their own lawyer and for that lawyer to be collaboratively trained. The couple and their lawyers take part in a series of four-way meetings focused on reaching an agreement. Significantly, before the process starts, the couple sign an agreement which provides that if negotiations fail they will appoint new lawyers – a major incentive to reach a settlement to avoid additional cost and delay.

At Hall Brown we have several fully trained collaborative lawyers and many of our lawyers regularly use the collaborative process/techniques to help couples reach an agreement.

Early Neutral Evaluation

Early Neutral Evaluation (ENE) offers clarity and direction without the need to go to court. It is a way of resolving disputes outside the court process, where an independent legal expert provides an early, objective assessment of the likely outcome if the case were to proceed to court. ENE is particularly useful in complex financial matters or child arrangements, where both parties want a realistic view of their position and a steer towards settlement.

Private FDR (Financial Dispute Resolution)

A Private FDR is a confidential and efficient alternative to the court-based FDR, designed to assist separating couples in reaching a financial settlement without the delays and pressure of the court process. The process involves appointing a private judge to act as an experienced, impartial evaluator. It mirrors the court process, with directions agreed in advance to ensure that financial information is exchanged appropriately. The hearing takes place with the private judge considering evidence from both sides, after which they provide an indication of the likely outcome to help the parties reach a resolution. Although the decision is not legally binding, it offers valuable guidance on what a court might decide.

Arbitration

Arbitration is a form of NCDR in which parties enter into an agreement to appoint a qualified arbitrator to adjudicate the dispute and make an award. An award is a final determination that is legally binding. Parties have greater control over the process, including selecting the arbitrator, determining the location, and defining the issues the arbitrator is asked to decide. Arbitration is confidential and often a faster, more flexible, and less expensive option than proceeding to court. At Hall Brown, we offer expert guidance through the arbitration process, helping clients resolve issues without the need for lengthy, drawn-out court proceedings.

Other Options

The above list presents just some of the options. Sometimes the best way forward for a case is a round table meeting with the clients and lawyers, but without the pressure of a collaborative law agreement. For others, a call between the lawyers may be enough to get the couple over a bump in the road during their direct negotiations.

It is easy to think that cases get pigeonholed into one bracket or another and then forced down one road. In fact, at Hall Brown, we focus on reaching agreement whichever route is followed. A couple may use mediation to agree matters relating to the children but need input from a judge and the court process for financial matters. Another couple may be part way through negotiating directly and find that they need the assistance of their lawyer (perhaps with a round table meeting) to ‘close the deal’. The point is that every couple is different and, for many, a hybrid approach can often be the best. Hall Brown aims to be 100% flexible, tailoring the process to an individual couple’s needs.