Survey reveals barriers to non-court dispute resolution in family law

Research by Ellisons Solicitors has highlighted key barriers preventing the wider adoption of Non-Court Dispute Resolution (NCDR) in family law, while also emphasising the growing recognition of its advantages.

The survey, conducted with over 250 respondents in Essex and Suffolk, highlights the need for greater education on NCDR, particularly around legal protection and fairness.

“As awareness grows, NCDR is expected to become a more widely accepted alternative for families seeking efficient and harmonious dispute resolution. NCDR methods, such as mediation, collaborative law, arbitration, the one-couple-one-lawyer model (Resolution Together) and private judge-led hearings offer families a more flexible, cost-effective and less adversarial way to resolve disputes. Despite these benefits, concerns about fairness, legal protection, and the potential for manipulation continue to be significant barriers” said Sally Ward, Senior Associate in Ellisons’ Family Law Team.

Sally continued, “Non-Court Dispute Resolution methods offer families a valuable opportunity to resolve disputes in a way that minimises conflict, avoids the delays and costs of the court system and can lead to early resolution. These options are legally supported and provide a fair, structured process for all parties. While concerns around fairness and legal protection remain, families should be reassured that NCDR can be just as effective as traditional court proceedings, with the added benefit of being quicker and more cost-effective.”

Key findings from the survey

The survey revealed several factors deterring families from choosing NCDR over traditional court proceedings:
27.34% of respondents cited uncertainty about legal protection as a major barrier.
26.22% were discouraged by a lack of awareness about the available options and their associated costs.
19.48% expressed concerns about fairness in the negotiation process.
18.73% feared the process could be manipulated.
16.10% lacked confidence in NCDR’s effectiveness for their particular situation.
11.99% believed court proceedings were more likely to result in a fair outcome.

Samantha Chase, Associate in Ellisons’ Family Law Team, added, “Understanding how NCDR in family law works and addressing any reservations with information is key. While traditional court proceedings can feel like the only way to ensure fairness, NCDR methods often provide a more collaborative and less stressful way of reaching a resolution. It is often the case that an agreement reached using an NCDR method is then made binding by the court without the need for a formal court hearing. Families can benefit from legal advice at an early stage that helps them navigate the various options and choose the approach best suited to their situation.”