The complete guide to non-court dispute resolution

Facing divorce can feel overwhelming, especially when you think court is your only option. The good news? Most couples don't need to go to court at all. Non-court dispute resolution (NCDR) offers faster, cheaper and kinder ways to navigate divorce. In this guide, we'll explain what NCDR is, why it might work for you and the different options available.

What is non-court dispute resolution (NCDR)?

Non-court dispute resolution (NCDR) is any process that helps you resolve divorce and separation issues without needing to go to court.

In our podcast episode below, amicable co-founder Kate Daly explains the benefits of using NCDR:

(non-court dispute resolution explained)

Why you might choose non-court dispute resolution over going to divorce court

Here are three key reasons why NCDR might be right for you:

• It's significantly faster than court proceedings
• It costs thousands of pounds less than going to court
• It helps you stay amicable in the future - especially important when co-parenting

NCDR is faster than going to court

Going to court is one of the longest, most drawn-out ways to get divorced. Every case is different, but most divorces take at least a year, sometimes two, to be finalised through court.

NCDR typically takes 6-8 months, saving you valuable time and allowing you to move forward sooner.

NCDR is cheaper than going to court

Going to court is the most expensive way to get divorced, often costing tens of thousands of pounds. The average cost of a court divorce in London is around £40,000 per person, so it’s not something that many people want to choose unless they really have to.

Solicitors charge per hour, but can split that hour down into ten units of six minutes each, so you’re constantly being charged for their time. Given that so much of the proceedings in court or between two solicitors is unpredictable, these costs can very quickly spiral into a large bill.

NCDR is considerably cheaper, with savings of thousands of pounds, so many people choose it purely for the financial element.

For example, the average cost of mediation is around £140 per hour, with some cases costing thousands of pounds, while amicable's services start from £900 and are fixed fee with no hidden costs.

NCDR can help you stay amicable after the divorce is over

Perhaps most importantly, non-court dispute resolution can help you remain amicable once the divorce is over.

When you go to court, each of you will typically have a solicitor and make a case against each other. This almost always leads to more conflict, placing an even greater strain on the relationship.

This conflict can make it much harder to co-parent any children, or to remain friends once the divorce has been finalised.

Non-court dispute resolution focuses on you finding a solution together, instead of fighting against each other. This approach makes it far more likely that you can remain amicable in the future.

When might you still need to go to court?

While NCDR works for most couples, court may be necessary if there's domestic abuse, one person refuses to engage with the process or you need urgent legal protection. If you're unsure whether NCDR is right for your situation, we can help you explore your options.

Types of non-court dispute resolution:

There are several NCDR options available, each suited to different situations and levels of communication between you.

Kitchen table agreement

A kitchen table agreement is exactly what it sounds like: you both sit down together, look at all your finances and obligations and come to an agreement you’re both happy with.

If you’re able to do this, it can save you a lot of time and money compared to using solicitors, who will battle back and forth for weeks or months until you have an agreement.

Read more about kitchen table agreements for divorce here.

Of course, this isn’t possible for every couple, and can create a lot of stress, so there are other options that might work better for you depending on your situation.

Mediation

Mediation is a good option for people who can’t come to an agreement by themselves, but can still communicate.

A mediator is a neutral third party, someone who can guide discussion and keep things productive and on track. They won’t take sides, and can provide information and guidance that should help you reach an agreement, usually over a few sessions.

Mediation typically costs between £500-£1,500 total, making it one of the most cost-effective NCDR options.

In mediation, both of you will typically sit down with a mediator in the same room. However there are also shuttle mediators, where you sit in separate rooms and the mediator ‘shuttles’ back and forth between you, and online mediators if you’re too far apart for in-person sessions.

Learn more about mediation for divorce here.

amicable

We created amicable to provide an alternative divorce service to solicitors and going to court. Our process works with both people in the divorce, and can cover the entire process or just one element, like the financial agreement or getting the consent order approved. So if you’d like our help for the entire process, our assisted divorce and consent order service costs just £1800. If you’ve already started and just need help getting your consent order approved, that’s only £900.

Negotiation

Negotiation is for couples who can’t come to an agreement and want solicitors to argue on their behalf. It can work for people who can’t come to an agreement or who can’t be in the same room.

The downside is that it’s very expensive and pits you against each other, which can damage your chances of remaining amicable after the divorce.

If you’re going to use negotiation, look at these tips for negotiating during divorce.

We can also help with negotiations for divorce, but without the need for solicitors.

Arbitration

Arbitration can work for couples who can’t come to an agreement. An arbitrator acts like a private judge, keeping you out of court but still coming to a legally binding decision for both of you.

They will look at all your finances and your circumstances and then come to a decision about how the final settlement should be divided between you.

While this is cheaper and faster than going to court, it typically costs between £2,500-£5000, you also have to factor in any additional costs, such as having a solicitor prepare your case, or a barrister to represent you. This can end up costing as much as £10,000 each.

It’s important to note that just like court, the arbitrator’s decision is final, so this should only be a last resort for couples who absolutely wouldn’t benefit from mediation, negotiation or our services.

Learn more about arbitration for divorce here.

Collaborative family law

Collaborative law is similar to hiring solicitors, but with one key difference: the solicitors work together to find a mutually beneficial solution, instead of working against each other as in traditional cases.

You will need collaboratively trained lawyers for this, and each solicitor must sign an agreement to not represent you if the collaborative talks break down.

Collaborative law typically costs less than going to court but more than mediation, with fees usually ranging from £2,000-£12,000, but can cost more depending on complexity.

You can find collaboratively trained solicitors through Resolution, the organisation for family law professionals.

Which NCDR option is right for you?

Choosing the right approach depends on your situation:

Can you communicate well? Try a kitchen table agreement or amicable’s Assisted Divorce Service

Need guided support? Mediation or amicable's Guided Negotiation Service

Can't be in the same room? Shuttle mediation, arbitration or amicable's Complete Negotiation Service

Want solicitors involved? Collaborative law or traditional negotiation

Going to court may not be the right decision for you and your divorce, so do look at the other options like mediation, arbitration, and amicable. You might find something that suits you better and allows you to avoid the conflict of going to court.

If you have questions about the divorce process, or just want to talk through your options, get in touch with us today for a free consultation.

Find the right divorce service for you, or learn how to protect your mental health during divorce.