What is NCDR
Non-Court Dispute Resolution describes the various methods of helping people resolve their disputes outside of the traditional court process.
NCDR can take place before, or after, court proceedings have commenced.
There are various NCDR options which can be tailored to meet the specific requirements of a dispute. Each NCDR model is designed to facilitate settlement and avoid court proceedings wherever possible.
NCDR, working with the parties, uses the guidance and assistance of a legal specialist to find a solution to a dispute.
NCDR is far more flexible than the court process. It can involve attending the process in person, remotely, or in some cases the specialist can provide their assistance or guidance in writing.
Why use NCDR
The traditional court process can involve considerable cost, delay, conflict and uncertainty. NCDR provides solutions to address these issues.
In contrast to court proceedings, NCDR allows the parties to have more input into the process and outcome.
At present, there are a significant number of cases in the court system, which results in considerable delays for parties in reaching a conclusion. NCDR is fully flexible and can operate within timescales chosen by the parties and it allows the third party conducting the NCDR sufficient time and resources to prioritise a case.
NCDR seeks to avoid conflict, often present in court proceedings, which helps in preserving relationships in the longer term. This is crucial where children are part of the dispute.
NCDR is no longer viewed as an alternative option and the court requires the parties to engage in NCDR, to attempt to resolve their dispute, in most circumstances.