Resolution: NCDR

Non-court dispute resolution (“NCDR”) in family law encourages separating couples to resolve issues without going to court. Henry Chambers offers the following options to our clients, in addition to our Children Arbitration work, which can be found here

Private FDRs

A Private Financial Dispute Resolution (pFDR) is an alternative dispute resolution process used for resolving financial matters following a divorce or separation. It mirrors the Financial Dispute Resolution (FDR) hearing in court but takes place outside the court system, typically in a private setting such as a solicitor’s office or barrister’s chambers. The parties jointly appoint an experienced family law barrister, solicitor, or retired judge to act as a neutral evaluator (the “judge”) who hears both sides’ arguments and gives an impartial opinion on the likely outcome if the matter went to court.

Unlike a court FDR, which is subject to judicial delays and limited time, a Private FDR offers greater flexibility, confidentiality, and efficiency. It can be scheduled sooner and allows for more time to explore settlement. Although the evaluator’s opinion is not legally binding, it often helps parties reach a voluntary agreement, avoiding further litigation costs and emotional strain.

If no agreement is reached, the process remains confidential and cannot be used in later court hearings. Private FDRs are increasingly encouraged by courts as a practical, cost-effective means of resolving financial disputes in family law.

Henry Chambers can offer barristers to act in the role of the Judge and Jack Henry represents clients at a Private Financial Dispute Resolution.

Early Neutral Evaluation

Early Neutral Evaluation (ENE) is a form of alternative dispute resolution used to help parties resolve disputes without going through a full court process. It involves the appointment of a neutral third party who reviews the case at an early stage and provides an independent, non-binding opinion on the likely outcome if the matter were to proceed to court. ENE can be used in both financial and children-related disputes.

The goal of ENE is to give parties a realistic view of their case, encouraging them to settle early and avoid lengthy and costly litigation. It is typically held in a private setting, outside of court, and is entirely confidential. The evaluator considers written evidence and legal arguments from both sides and then delivers their view, either orally or in writing. Although not enforceable, the opinion often carries significant weight and helps narrow the issues or prompts settlement.

ENE is distinct from mediation in that the evaluator provides an informed judgment, rather than facilitating negotiation. Overall, ENE offers a quicker, more cost-effective, and less adversarial path to resolution in family law cases.

Henry Chambers has barristers that specialise in both private law children matters and financial remedy matters that can assist in providing an ENE opinion.

Round Table Meeting

A Round Table Meeting (RTM) in family law proceedings is a form of negotiation where both parties and their legal representatives meet either face-to-face or in separate conference rooms in the same building to try to reach an agreement. It can be used for financial settlements or child arrangements following separation or divorce. It is an out-of-court process aimed at encouraging open and constructive dialogue in a less formal setting than the courtroom. The meeting usually takes place at one of the solicitors’ offices or another neutral venue.

The purpose of an RTM is to narrow the issues in dispute and explore settlement options without the pressure of court-imposed deadlines or procedures. Each side presents their position, discusses possible solutions, and negotiates directly or through their lawyers.

Unlike court hearings, RTMs are entirely voluntary and confidential. Any offers made during the meeting are typically made “without prejudice”. RTMs offer greater flexibility, save time and legal costs, and can reduce the emotional strain associated with litigation.

While not legally binding on their own, any agreement reached can later be formalised into a binding court order. RTMs are widely encouraged in family law as a practical and cooperative method for resolving disputes outside the court process.

Henry Chambers can assist with round table meetings in either private law children or financial remedy matters.