Jurisdiction(s):
United Kingdom

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 non-court dispute resolution glossary: mediation, collaborative law and arbitration key terms, rules and forms (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Practice Note

This Practice Note outlines widely used terminology and definitions, and what they signify within the non-court routes to resolving disputes, namely Family mediation, Collaborative Law, and family arbitration. It also provides a summary of the pertinent rules and required forms, together with pointers to related resources.

Mediation Term Description

Agreement to mediate A document executed by the parties to the mediation and the mediator(s) which defines the scope and framework of the mediation. See Precedent: Agreement to mediate BFLS 6E [21004].
Co-mediation Mediation conducted by two mediators—commonly, one co-mediator will be a lawyer and the other is not legally qualified.
Form FM5 (statement of position on Non-court dispute resolution) A form that must be completed setting out the parties’ positions on engaging with non-court dispute resolution. This form must be filed and served seven days before the first ‘on notice’ hearing and, if the court so directs, before any later hearing in the proceedings.

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Suzanne Kingston

Mills & Reeve

Suzanne is widely known for her expertise in all aspects of family work, in particular the resolution of complex financial issues for high net worth individuals. Suzanne's cases often have an international element and she has considerable experience in dealing with prenuptial agreements and cohabitation issues. As a member of the Children Panel, Suzanne has dealt with numerous cases involving complicated Children Act 1989 issues as well as both child abduction and adoption. She is an accredited Resolution mediator and has a thriving mediation practice having recently undertaken a number of referrals under the Court of Appeal mediation scheme. In addition, Suzanne is a qualified collaborative lawyer and collaborative law trainer for Resolution. Suzanne was described in Chambers 2010 as 'deal(ing) with big money cases in an intelligent and business-like manner and is much loved by her...

Web page updated on 21/05/2026

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