Non-Court Dispute Resolution
What is it? How much emphasis does the Court place upon it in family matters?
Non-Court Dispute Resolution (NCDR) is an umbrella term for a growing number of legal processes that help couples who are separating to settle such issues as child custody and money problems without going to court.
NCDR means the resolving of a dispute rather than going through the court process, using alternatives such as mediation or arbitration (but not limited to them). The courts are presently overloaded with cases, so now it is believed to be better if an agreement can be reached by the couple (parties) through discussions out of court.
The Court actively manages cases, but the overriding objective of dealing with them justly and proportionately puts particular emphasis on them to encourage the parties to use an NCDR procedure if they consider it appropriate. The Court may even adjourn proceedings for such NCDR processes to take place, even if one party does not agree to it.
It is also clear that any change in circumstances within a case currently in the court process can prompt a fresh consideration for NCDR, as mentioned above.
The general rule is that there should be no order as to costs against the other party in financial remedy cases. Each party will have to bear their own legal fees. However, the Court may depart from this rule where it considers it appropriate to do so because of the conduct of a party in relation to the proceedings. A failure by a party to attend NCDR (without good reason) will be an appropriate reason to depart from the general rule.
It should be noted that couples now have to complete an FM5 document. This is signed by a statement of truth, encouraging couples to consider non-court options.
In cases of domestic abuse, however, the Court can start proceedings immediately without the need to consider NCDR.
If you are going through difficulties of your own in relation to financial matters in divorce, separation or children matters, do not hesitate to contact the family team at J W Hughes on 01492 874774.