Carpenter & Co……… Non-court dispute resolution (NCDR)
Introduction
My name is Diane Flowers and I am a family solicitor. I have many years’ experience in Family Law having qualified in 2010. In July 2025, I joined one of the oldest and foremost providers of legal service and advice in Wallington and surrounding areas. I am eager to continue developing the Family department at Carpenter & Co Solicitors.
I have much experience in divorce & separation (advice around ending marriages/partnerships and sorting finances), children (arrangements for children and parental responsibility), Finances (dividing assets, property and financial support), domestic abuse (legal help if someone is at risk) and cohabitation (advice for unmarried couples on finances and property).
Non-court dispute resolution (NCDR)
Whether you are applying for a divorce or wish to apply to the court to spend more time with your child it is important that you get advice early which will help you to know what to expect so you can plan next steps going forward. At Carpenter & Co we offer a fixed fee appointment at £200 + 20% VAT. During fixed fee appointment, different methods of non-court dispute resolution are raised. In this article information will be given around, solicitor advice, mediation and arbitration.
Non-court dispute resolution (also known as Alternative Dispute Resolution) is an umbrella term for a range of methods for resolving legal conflicts without formal court proceedings. Methods of NCDR can be used during court proceedings in an attempt to narrow or resolve all issues before the case reaches a final hearing.
The key benefits of NCDR are:
- Cost-Effectiveness – generally NCDR can be more affordable that traditional litigation as in some cases the parties to the dispute avoid court hearings;
- Efficiency – NCDR methods such as mediation and arbitration allows the parties avoid court schedules and NCDR methods such as mediation can start within weeks rather than months.
- Relationship Preservation: Court proceedings can lead to confrontation among the parties whereby NCDR focuses and encourages cooperation which can reduce the emotional stress the parties are going through.
It is important to note that unless there are special circumstances (for example domestic abuse) the court will expect the parties to have attempted NCDR before an application is made to the court to resolve issues about child arrangements, finance or property. Even when the parties engaged in court proceedings, Judges are open to adjourning proceedings to allow NCDR methods to be tried.
Solicitor Negotiation
Each party can instruct their own solicitor to manage their case which involves both solicitors communication by telephone, emails, letters and instructions can be given for the solicitors to organise and attend round table meetings to move negotiations forward.
Mediation
Mediation is a process where an independent, professionally trained third party, also known as a mediator, helps separating or divorcing couples reach agreements about future arrangements for the children, finances and property.
In December 2020 Hybrid Mediation was launched which involves solicitors accompanying the participants during mediation either online or in person. The participants are supported by their solicitors directly to which can be of great assistance in complex and difficult cases.
Arbitration
This is where a qualified professional (also known as the arbitrator) is appointed to decide on matters such as division of assets, property and financial support. This form of NCDR is generally quicker as it avoids delays of the court process. It is a confidential process. The decision of the arbitrator is legally binding and is known as an award. This NCDR process is used when the parties cannot agree to a negotiated outcome.
A family solicitor, such as myself, will be happy to discuss what options may be available to you.
Carpenter & Co – Live Q+A event
On 22 January 2026, Carpenter & Co will be presenting a Live Q+A event at The Minor Hall at Wallington Methodist Church, 9 Beddington Gardens, Wallington, SM6 0HU at 5.30pm -8.00pm. This event will give an opportunity for those who attend to raise any questions they have about Wills and Probate, Lasting Powers of Attorney, Deputyships as a well as questions on family matters such as divorce, cohabitation agreements, separation and children matters. To secure your place please send an email to dianef@carpenterssolicitors.co.uk along with your questions.
