Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Non-court dispute resolution definition

What does Non-court dispute resolution mean? Methods used to resolve disputes without issuing or continuing court proceedings, such as mediation, arbitration, collaborative practice, solicitor‑led negotiation, early neutral evaluation (ENE) and private FDR hearings. In England and Wales family law, “non‑court dispute resolution” is a defined term in the Family Procedure Rules 2010, in force for family cases from 22 April 2014. Courts must consider NCDR throughout proceedings, can adjourn to facilitate it, and require MIAM attendance (subject to exemptions). Parties’ conduct in refusing or failing to engage may influence case management and, where relevant, costs. In England and Wales civil litigation, the Civil Procedure Rules and...

Family NCDR in England and Wales: FPR 2010 duties, MIAMs, pre-application protocols, court stays/adjournments, costs consequences, and options (mediation, collaborative law, arbitration), including April 2024 amendments

Published by a LexisNexis Family expert

Practice notes

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This Practice Note introduces Non-court dispute resolution (NCDR) (previously referred to as Alternative dispute resolution (ADR)). It outlines the obligation to consider non-court ways of settling family disputes under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. This includes the duty to attend a family mediation information and assessment meeting (MIAM) and recognition of the pre-application protocols for financial remedy and private children proceedings. It also explains when the court may adjourn proceedings to allow the parties to undertake NCDR...

Pre-application requirements

FPR 2010, SI 2010/2955, Pt 3, read alongside FPR 2010, PD 3A, requires all prospective applicants to attend a MIAM before issuing specified applications for a court order in relevant family proceedings, unless an exemption applies. At every stage, the court must assess whether NCDR is suitable and has a general power to adjourn so that NCDR can be attempted, including attendance at a MIAM to consider family mediation and other NCDR options...

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Web page updated on 21/05/2026

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