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Non-court dispute resolution isn’t as complicated as the phrase sounds. It means reaching an agreement outside of court. You can go about non-court dispute resolution in several ways. A family law solicitor can advise you on the type of NCDR that’s likely to work best for you.
With the push to encourage NCDR family lawyer Angelique Holm looks at how non-court dispute resolution can help separated or divorced parents sort out parenting disputes and explains the role of a family law solicitor in the NCDR process.
For children and family law advice call Angelique Holm on 0203 488 8620 or email
info@hopeholm.co.uk or visit our website Hopeholm Family Law.
A letter from the most senior judge in the Family Court in England and Wales
Sir Andrew McFarlane, President of the Family Division, is writing to all parents who have made or received a children law court application to explain the importance of agreeing on parenting arrangements without a judge’s input.
Family law solicitors suspect some parents will be upset when they receive the letter. For example, those forced to apply for a child arrangement order as their ex-partner is refusing all contact and isn’t willing to go to mediation. For others, the letter may be the wake-up call needed to help them realise there are alternatives to a court application and to the judge making a child arrangement order, prohibited steps order or specific issue order after a contested court hearing.
The judge’s letter refers to research that shows that parental conflict is bad for children and that going to court is stressful for the whole family. Court hearings can increase parental animosity and harm children caught up in the battle between parents.
While the letter acknowledges some parents will need the court to make a child arrangement order, it says parents are duty-bound to try to parent together, even after their separation or divorce. It highlights the NCDR options available to parents.
The advantages of non-court dispute resolution
If non-court dispute resolution works for you, it has several advantages over going to court. It is normally:
- Quicker as you don’t have to wait for court hearing dates. You can normally get a quick family mediation appointment or book an arbitration hearing
- Tailored to your needs – the judicial court process tends to work in the same way with each court application. With mediation or arbitration, you can select a specialist mediator or arbitrator and can elect the type of NCDR option that suits your circumstances, such as arms-length shuttle family mediation so you don’t need to be in the same room as your ex-partner or child-inclusive mediation so the views of older children can be listened to during the mediation process
- Cheaper than court as even if you have a series of long roundtable meetings with your children law solicitor present it is likely to be less expensive than going to a final hearing of a children law court application
- Less adversarial – in child arrangement order and prohibited steps order court proceedings it should not be about winning and losing but parents can feel as if they are pitted against one another and end up thinking that the only way they can get the child arrangement order they want is to focus on all the other parent’s bad traits. It can be hard to co-parent after a contested court hearing
- Facilitating compromise – if a judge decides on the arrangements for your children after a contested court hearing the judge tells you what you are going to do and how your children will be parented. Reaching a compromise through solicitor negotiations or family mediation keeps you in control of the outcome as it is a compromise with the other parent rather than a court-imposed decision
Non-court dispute resolution options
Your NCDR options to resolve parenting disputes, such as where the children will live, the contact arrangements or if a child can be taken overseas on holiday or to live, include:
- Solicitor negotiations
- Roundtable meetings
- Family mediation
- Arbitration
If you can reach an agreement using non-court dispute resolution the agreement can be recorded in several different ways:
- An agreed child arrangement order, specific issue order or prohibited steps order
- A separation agreement
- Solicitors correspondence
- A parenting plan
A family lawyer can advise you on the NCDR method and agreement record that is likely to work best for your family. For example, if you have agreed to your ex-partner relocating overseas with your child based on their promises about contact, they are likely to want a relocation order before they start booking flights and renting property. Furthermore, you are likely to want a child arrangement order and overseas mirror contact order that you can enforce before your child is taken overseas to live.
Tips on resolving parenting disputes through non-court dispute resolution
- Only use non-court dispute resolution if it is safe for you and your children to do so. For example, in some situations involving domestic violence or threats of child abduction, it may not be safe to do so and your child’s best interests will be served by asking the court to make an order
- Take legal advice as soon as possible and ideally before you decide to separate. A family law solicitor can explain if you have parental responsibility and what it means for you, advise you on your rights, likely court outcomes if you make or respond to a court application, the best NCDR option for your situation and how to ‘sell’ that option to your ex-partner
- Watch your language as while you may be seething about the reasons for the marriage breakdown you may need to focus on co-parenting and doing all you can to reach a parenting agreement through non-court dispute resolution, especially if you want or need your ex-partner to have contact as you are both working parents. How you manage the early days of your separation can dictate how straightforward or difficult it is to negotiate the parenting arrangements and your divorce settlement
- Keep an open mind. Many of us think that our way is the right way but if you end up in court the judge decides – you lose all control. While you may not like the legal advice of your family law solicitor it is best to consider it and any suggestions made by your ex-partner to see if there is a workable compromise
- Understand the risks of a court application and not getting the order you want from the judge. Your ex is unlikely to want to compromise and you will be stuck with a parenting arrangement that either doesn’t work with your lifestyle or meet your child’s needs
While it is important to try and reach an agreement you should not feel bullied into doing something that you don’t think is the right thing for your child. A family law solicitor can help you try and balance what can be a tough process; balancing the desire to reach an agreement with the need for the agreement to be one that you can live with.
For advice on resolving family law disputes through non-court dispute resolution call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.