Family Court Alternatives: How to Avoid Going to Court

Many frustrated parents or spouses have said it in anger: “I’ll see you in court.” Surprisingly, even family law specialists often recommend something very different.

At Freeths, we’ve spent years in courtrooms across the country—but thanks to Non-Court Dispute Resolution (NCDR), families now have better ways to resolve disputes without a judge.

What is Non-Court Dispute Resolution?

Non-Court Dispute Resolution (NCRD) is a collection of approaches that help parents and spouses resolve financial or child arrangement disputes outside court. Some methods are well-established, others newer—but all are respected by the courts, with high success rates.

Choosing the right method depends on your circumstances. Here are the most effective options:

1: Mediation

Mediation is a neutral, guided negotiation where a trained mediator helps you and your ex-partner reach an agreement.

• Shuttle mediation: Parties meet separately
• Video mediation: Sessions via Zoom or Teams
• Hybrid mediation: Your lawyer attends to clarify legal points or advise against a bad deal

Once you reach an agreement, it’s documented in a Mediation Summary, which your solicitor can convert into a Consent Order—a legally binding agreement, or for child arrangements, you can create a Parenting Plan, which the court can reference if issues arise later.

2: Early Neutral Evaluation (ENE) & Private Financial Dispute Resolution (pFDR)

If you want a judge’s guidance without waiting months for a court hearing, consider ENE or a pFDR.

• Process: A private evaluator or part-time judge reviews your case. Lawyers present arguments, and guidance is provided. Negotiations then continue.
• Outcome: If successful, a Consent Order formalises the settlement.
• If it fails: You can still take your case to court.

Key differences between a court FDR and private FDR:

Aspect	FDR (Court)	pFDR (Private)
Setting	Courtroom	Private venue (office or chambers)
Purpose	Explore settlement pre-trial	Same, but outside court
Outcome	Judge gives "without prejudice" guidelines	Confidential guidance
Advantages	Formal, authoritative	Flexible, less intimidating, faster

 

3: Arbitration

Arbitration is binding. If you want an expert to decide your case quickly, this is a strong option.

• Parties appoint a qualified Arbitrator (through IFLA).
• Can cover financial disputes or child arrangements.
• Arbitrator considers submissions, disclosure, and witness statements, then issues a decision—usually within 28 days.

The award is generally final, though the court may refuse to ratify it if it would cause serious injustice (as set out in the case Haley v Haley).

4: Collaborative law

Collaborative law helps families work together amicably to reach fair agreements:

• Each party hires a specially trained collaborative lawyer.
• Attend joint meetings with both lawyers.
• Sign a Participation Agreement committing to avoid court.
• Experts (like social workers, financial advisors and pension actuaries) can be instructed jointly to advise on fairness and even attend the meetings.

This approach works best when parties agree to work together and can be faster, more amicable, and cost-effective.

Why choose family court alternatives?

Going to court isn’t always necessary. Mediation, ENE/pFDR, arbitration, and collaborative law can help families:

• Save time and money
• Reduce stress
• Reach solutions that work for everyone involved.

By exploring family court alternatives, you may avoid lengthy hearings and still achieve fair, legally recognised agreements. Each of our specialist family solicitors is trained in NCDR and many of them operate as collaborative lawyers.