NCDR – Non-Court Dispute Resolution Guide

Family Mediation can help you to resolve arrangements for your children, finances and property. Meetings can be in person, shuttle or online. You will each have a Mediation Information and Assessment Meeting (MIAM) separately first, to ensure this is the right process for you and your family. If mediation is the right solution for you and your family joint meetings can then be arranged.

Child Inclusive Mediation (CIM) involves a specialist mediator speaking with your child independently from you. The mediator will listen and allow the child to have a voice. This can help each parent to understand how your child is feeling and what can be done to improve your child’s physical and emotional well-being. CIM is not therapy and constructive feedback may be given to both parents in a separate meeting without your child present.

Hybrid Mediation involves your mediator working with you as a couple and with your lawyers to resolve matters. You will have on hand legal advice from your respective lawyers and you may stay in separate rooms with the mediator moving between you. Hybrid mediation will often last for a full day or series of days.

Collaborative Law can help you reach a practical and fair solution together, prioritising any children. You and your collaborative lawyers will commit to resolving all issues outside of Court. You will both have your own collaboratively trained lawyer who will give advice in joint meetings so you hear advice at the same time. This will often mean a swifter, less costly and more positive outcome for the family as a whole.

There may be reasons why mediation or collaborative law are not suitable. In such cases round table meetings with lawyers present can be very productive. Meetings can be shuttled so you remain in separate rooms. Your lawyer will ensure that meetings are conducted in a respectful and safe environment at all times.

If you cannot reach an agreement due to significant legal differences or complex issues an Early Neutral Evaluation may help. On an agreed set of facts, a neutral analysis of the law and opinion on likely outcomes can be provided from an experienced family law specialist or Judge.

A private FDR is a formal negotiation meeting, similar to a negotiation hearing (FDR) in Court. The private FDR Judge will hear arguments from your respective lawyers and will then give an indication of likely outcome based on the law. You can choose the judge, time and location of hearing.

This is a one lawyer one couple model where the lawyer can advise both of you to help reach agreement. It is not suitable for all couples, particularly where they have opposing goals or in high-conflict matters. Resolution Together can be cost-effective, and where there is good communication and a common aim a swift solution is often found.

Arbitration is a private Court process that will give you a binding outcome. There are many benefits to Arbitration including the ability to choose the Arbitrator, time and location of the Arbitration hearing. It is often quicker and more cost effective than the Court process. Arbitration may be dealt with on the papers rather than having to attend a hearing. An Arbitrator can give a determination on single or limited issues as agreed.