Navigating The Challenges Of Court Delays: The Case For Non-Court Dispute Resolution In Family Law

The recent announcement that many financial remedy hearings may be cancelled or rescheduled due to an insufficient allocation of Family Court sitting days for the 2025/2026 financial year has raised serious concerns about the capacity of the Court system to meet the needs of separating families.

The London Financial Remedies Court, for example, has been allocated just 13% of the national sitting days, resulting in hearings being moved at short notice, double-listed, or cancelled altogether.

Sir Andrew McFarlane, President of the Family Division, has acknowledged that this reshuffle will cause “some unwelcome difficulties,” particularly for parties preparing for hearings that may not go ahead. The Courts will not be liable for costs incurred in such cases, leaving families and legal teams in a precarious position.

Why Non-Court dispute resolution (NCDR) matters

This situation underscores the increasing importance of Non-Court dispute resolution (NCDR) as a practical and effective alternative to traditional litigation. At Nelsons, we are committed to helping clients resolve their family matters in a way that is constructive, cost-effective, and tailored to their needs.

Arbitration

Arbitration is a private, legally binding process where parties appoint a qualified arbitrator, often a senior barrister or retired judge, to determine their dispute.

Benefits of arbitration:

How Nelsons can help:

We advise on the suitability of arbitration, assist in selecting an arbitrator, and represent you throughout the process to ensure your interests are protected.

Mediation

Mediation is a voluntary process where a neutral third party helps separating couples reach an agreement on issues such as finances, property, and child arrangements.

Benefits of mediation:

How Nelsons can help:

Several of our family law solicitors are trained mediators. We can facilitate the mediation process or support you alongside it, ensuring any agreement reached is fair and legally sound.

Private financial dispute resolution (FDR) hearings

A private FDR replicates the Court-based FDR hearing but is conducted outside the Court system. A chosen expert, typically a senior barrister or retired Judge, provides a neutral evaluation of the likely outcome should they have heard the matter at a final hearing, thereby helping parties reach a settlement.

Benefits of private FDRs:

How Nelsons can help:

We regularly represent clients in private FDRs and can assist in arranging the process, briefing the evaluator, and negotiating a resolution that works for you.

Final thoughts

While NCDR may not be suitable for every case, particularly where there are safeguarding concerns or a significant power imbalance, it is increasingly the most pragmatic and efficient route for many families.

As the Courts continue to face resource constraints, we encourage clients to explore these alternatives early in the process.

At Nelsons, we are here to guide you through every step of your separation or divorce, helping you find the right path to resolution, whether inside or outside the Courtroom.