The Evolving Role of Non-Court Dispute Resolution in Family Law — Including Cases Involving Domestic Abuse
In recent years, the family courts have moved firmly towards encouraging parties to resolve disputes away from the courtroom wherever possible. From April 2024, changes to the Family Procedure Rules mean that individuals are now expected to consider non-court dispute resolution (“NCDR”) before starting proceedings.
However, one important exception remains: where there is evidence of domestic abuse , survivors are not required to engage in NCDR. This exemption exists for good reason, given the potential emotional, psychological and safety risks.
Despite this, NCDR has become far more flexible, structured and protective than it once was. Some survivors still benefit from certain forms of NCDR, provided safety measures are in place.
This article explores the developing landscape of NCDR, the court’s current expectations, and how NCDR can be used safely and effectively — even in cases where there has been a history of abuse.
The Court’s Updated Approach to NCDR
On 29 April 2024, a key update to the Family Procedure Rules came into effect. The courts now require parties to make a genuine effort to resolve disputes through NCDR before issuing a claim.
In other words, the expectation is not simply to attend a meeting, but to actively engage with the process.
NCDR and Domestic Abuse: Why an Exemption Exists
Survivors of domestic abuse usually qualify for an immediate exemption from NCDR. This is to avoid placing them in unsafe or re-traumatising situations, such as:
Sitting opposite an abusive partner in a mediation room
Relying on a controlling ex-partner to fund arbitration
Navigating an NCDR process where the power imbalance may silence them
For many survivors, the court environment offers greater protection, structure and authority.
However, with court delays increasing and NCDR options expanding, some survivors may now benefit from alternative routes — but only where it is safe and appropriate.
Modern NCDR Options That Can Support Survivors Safely
Today’s NCDR landscape is far more varied than the traditional image of two people in one room with a mediator. Several modern alternatives can reduce risk, protect survivors, and still promote resolution.
1. Online Mediation
The rise of video meetings has transformed mediation. Parties can join sessions from separate locations — even different countries — avoiding all physical contact.
For many survivors, this distance reduces anxiety and makes the process feel more manageable.
2. Shuttle Mediation
Shuttle mediation removes all direct communication. The mediator moves between the two parties (physically or online), passing proposals and facilitating negotiation.
This separation can reduce stress and maintain emotional safety.
3. Hybrid Mediation
Hybrid mediation is increasingly popular because it allows each person to be supported by their own solicitor during sessions. Survivors can have their lawyer:
present in the room
or available virtually/ by phone
They can receive immediate advice on proposals as they arise. This structure often helps balance unequal dynamics
4. Arbitration
Arbitration is a private, legally binding process that offers:
confidentiality
quicker outcomes than the court system
representation through solicitors and barristers
no need for direct dialogue between the parties
we can add protective measures whenever needed
For ongoing abuse, the speed and finality of arbitration can be a significant benefit.
5. Private Financial Dispute Resolution (Private FDR)
Private FDRs mirror the court-based FDR hearing but take place outside court with a highly experienced barrister acting as a “private judge.”
The barrister considers financial submissions from each side and gives an expert indication of what a court would likely order.
Survivors benefit from:
support from their legal team
no direct contact with the other party
a secure, confidential environment
the ability to rely on independent experts (e.g., valuers, social workers)
This can help reduce any power imbalance and encourage more balanced negotiations.
Is NCDR Suitable in Domestic Abuse Cases?
NCDR is no longer a single, rigid process. It now includes a range of tailored, structured, and protective options. Some of these may be suitable for survivors of abuse, especially where:
safety measures can be implemented
communication can be controlled or eliminated
a survivor is supported by legal professionals
online or shuttle formats reduce the emotional impact
However, whether NCDR is appropriate must always be assessed case by case. The survivor’s physical safety, emotional safety, and wellbeing must take priority at all times.
For some individuals, court proceedings remain the safest and most empowering route.
How Fard Solicitors Can Help
Our family law team has extensive experience in both court proceedings and all forms of NCDR. We are particularly sensitive to cases involving domestic abuse and always ensure that:
your safety is prioritised
your voice is heard
your legal rights are protected
the dispute resolution route chosen is genuinely suitable for your situation
If you need guidance on whether NCDR is appropriate in your case, or if you require representation in mediation, arbitration, private FDRs or court, our lawyers are here to support you.