LMP’s Daniel Green comments on the pressures on the family court system and why NCDR is becoming increasingly popular
Non-Court Dispute Resolution (NCDR) is on the rise in the financial remedies world.
Parties are engaging in mediation, negotiating at Private FDR hearings, and having matters determined in arbitration with increasing frequency; and for good reason.
Not only does attending a form of NCDR demonstrate a less adversarial approach to litigation, parties are able to agree a tailor-made service which works for them, whilst reducing the stress and anxiety commonly associated with the traditional court process.
Parties choosing to use NCDR can benefit from:
- Greater flexibility in fixing dates than is available in the Family Court (including the time available to the Judge/Expert in reading papers and being on hand for the parties);
- Selection of an independent specialist financial remedies practitioner to oversee the NCDR (it is not guaranteed that parties will get a specialist financial Judge in Court); and
- Comfortable, practical, and professional facilities to host the NCDR (often the Court buildings are not fit for purpose and lack basic facilities for parties).
These positives lend themselves to a more positive experience than that typically found in the Family Court. Now, more than ever, is the time for parties to be considering the use of NCDR to resolve matters, where possible, outside of the Family Court. This is particularly true in light of the announcement made by The President of the Family Division earlier this week confirming upcoming cancellations of judicial resources allocated to deal with financial remedies proceedings.
In a letter circulated to Court User Groups on 15 September 2025, the PFD set out that sweeping changes are necessary to ensure that judicial resources do not exceed the allocation agreed by the Lord Chancellor at the beginning of the year.
Financial remedies work is allocated just 9% of the judicial resources of the Family Court per year (however this does increase to13% in London).
Her Honour Judge Sapnara and His Honour Judge Hess are leading on a delivery plan of the changes coming to the Financial Remedies Court pursuant to the PFD’s announcement.
What Does This Mean?
There is set to be a reduction in judicial sitting days allocated to financial remedies proceedings. With this the following impacts are likely:
- Cases listed for many months may be moved or adjourned at short notice.
- Trials will be “double-booked” so there will be a primary hearing date and a “back-up” hearing date in the event judicial resources are insufficient to meet the primary hearing date.
- Listing times are going to be longer.
The cost to parties choosing to litigate through the doors of the Family Court will be felt in terms of the increase to waiting times and with it, their costs – both in financial and emotional means.
Given the President’s announcement and the likely impact to the Family Court, now more than ever is the time for parties to consider attending some form of NCDR to work towards resolution and settlement if they have not already done so.
If you would like to understand how NCDR may help you and your family avoid stressful and costly Family Court proceedings, or have any questions relating to divorce and financial remedies, then please get in contact with Daniel Green, or any member of the LMP team, who shall be pleased to assist.
