Exploring Non-Court Routes to Resolution: Mediation, Arbitration and More Explained

As delays within the family court system continue to grow, more separating couples are turning to non-court dispute resolution (NCDR) to reach fair and efficient outcomes.

At Laurus, our Family Law team has long championed these alternative routes. They can often provide a calmer, faster and more cost-effective way of resolving issues than the traditional court process.

Below, we explain the main options available, how they work, and when they might be suitable.

1. Mediation

Mediation involves both parties meeting with an independent and trained mediator who helps them reach an agreement through guided discussion.

The mediator does not take sides or make decisions but facilitates communication and helps identify solutions that work for both parties.

Mediation can cover financial arrangements, child contact, or any other areas of disagreement. It can be particularly beneficial for families who want to maintain a constructive relationship for the future.

At Laurus, several of our family lawyers, including Ingrid Starcic and William Hogg, are qualified mediators with extensive experience in helping clients reach resolution through this process, and the team is growing with Camilla Hooper having joined Laurus recently and being a trained mediator.

2. Collaborative Law

In collaborative law, each party instructs a collaboratively trained lawyer and all four participants commit to resolving matters outside of court.

Everyone meets together to discuss the issues openly, with an agreed focus on cooperation and problem-solving rather than confrontation.

This process can be ideal for those who value privacy and want to preserve family relationships, while still receiving the benefit of individual legal advice throughout.

3. Private Financial Dispute Resolution (Private FDR)

A private FDR closely mirrors a court FDR hearing but is held privately with a jointly appointed specialist, usually a senior barrister or retired judge.

The appointed professional reviews the case and provides an impartial confidential indication of the likely outcome if the matter were to proceed to a final hearing.

Although there is a cost associated with appointing the private judge, the benefits are considerable: shorter wait times, flexibility in scheduling, and a calmer environment that often leads to earlier settlement.

4. Arbitration

Arbitration is a private process in which an appointed arbitrator makes a binding decision on the issues in dispute.

This can be an effective option when parties want a final determination but wish to avoid the uncertainty and delay of a court timetable.

The process allows for previous court hearings to be skipped, can be tailored to the parties’ needs, can be used in some Children disputes too, sometimes can be done in writing, and is usually faster and more efficient than waiting for a final court hearing.

5. Early Neutral Evaluation

Early Neutral Evaluation (ENE) involves appointing an experienced barrister, solicitor or retired judge to review the case at an early stage and provide an independent confidential assessment of the likely outcome.

This early guidance can help narrow the issues, encourage settlement and avoid unnecessary litigation.

ENE can be used in both financial and child arrangements cases and is particularly useful when both parties need an objective perspective on the strengths and weaknesses of their respective positions.

6. Roundtable Meetings

A roundtable meeting brings both parties and their lawyers together to negotiate in real time, rather than through letters or formal hearings.

This approach can be highly productive, particularly in cases where communication has become strained. Having everyone in the building but with separate rooms (or virtual space) allows for clarity, direct discussion, and often faster progress towards agreement without the cost of court proceedings (if used as a standalone option, though it can be used within proceedings too).

Why consider NCDR?

Choosing a non-court route does not mean compromising on fairness or legal protection. Instead, it allows parties to retain control of the process, reduce delay and costs, and create solutions that suit their specific family circumstances.

In some cases, court proceedings will still be necessary, but wherever possible it is important to have early conversations about all available options.

How Laurus can help

At Laurus, we are committed to helping clients find the most constructive and proportionate way forward. Our Family Law team is experienced in all forms of non-court resolution and can guide you through the process that best fits your situation.

Whether you are considering mediation, collaborative law, arbitration, or another approach, we can provide clear advice and ongoing support every step of the way.

To speak confidentially with a member of our Family Law team, please contact us on 020 3146 6300 or email hello@lauruslaw.co.uk.