What is Family Dispute Resolution in the UK? 

Family Dispute Resolution (FDR) in the UK is a type of Alternative Dispute Resolution (ADR) that is specifically intended to help families and couples resolve legal issues without going through often lengthy and costly court proceedings. FDR provides a structured and cooperative way for parties to reach their own agreements about children, finances, or property and can be extremely effective even in the most difficult and contentious disputes. 

Family Dispute Resolution offers several key advantages: 

• Lower cost than full court proceedings 

• Faster resolution, avoiding delays caused by court backlogs 

• More confidential and private compared to public court hearings 

• Greater flexibility as families can approach dispute resolution in a way that suits their circumstances, and 

• Allows families and couples to avoid conflict and resolve matters in a constructive and solution-focused way. 

It is important to note that in the UK family court system, there is a hearing called a ‘Financial Dispute Resolution (FDR)’ hearing. This is not the same as Family Dispute Resolution. The Financial Dispute Resolution hearing is a stage in financial remedy proceedings during divorce where a judge gives an indication of how they might decide the case. Family Dispute Resolution refers to a range of ways that families and couples can resolve disputes outside of the courts. 

Forms of Family Dispute Resolution

There are several common forms of Family Dispute Resolution in the UK, for example: 

Mediation: Mediation involves an independent mediator who helps the parties discuss issues and explore solutions to even the most complex disputes. Crucially, the mediator is completely impartial and will never impose a decision on the parties. Rather, the mediator will help clarify each person’s position and the legal framework. Mediation is completely voluntary; however, if you later need the courts to resolve your family dispute, you will need to attend a Mediation Information and Assessment Meeting (MIAM) to determine if mediation is appropriate. In most cases, without proof that you have attended a MIAM, the courts will reject your court application.  

Mediation during family law proceedings involves the following key steps: 

• An independent mediator is appointed to help the parties discuss issues and find solutions 

• The mediator remains impartial and does not make decisions, but guides constructive discussions 

• Each party has the chance to explain its concerns and priorities in a safe environment 

• The mediator helps clarify points of disagreement and encourages compromise 

• Sessions can be joint or separate (known as shuttle mediation) if needed 

• Any agreements reached are written down in a Memorandum of Understanding 

• To make the agreement legally binding, parties usually need a Solicitor to draft a consent order for court approval 

Arbitration: Arbitration is a more formal process than other FDR methods (such as mediation) as it involves an independent arbitrator who hears both sides and makes a binding decision on their behalf. Arbitration is often faster and more cost-effective than going through the court, while still offering fairness and finality. Arbitration in FDR matters is also extremely flexible because families and couples can choose their arbitrator and schedule hearings at convenient times. This differs from court proceedings, whereby the parties involved need to fit around the availability of the judge hearing the matter. 

Arbitration in family law proceedings involves the following key steps: 

• Parties agree to use arbitration instead of court to resolve their family dispute 

• A qualified arbitrator is chosen by the parties 

• The parties agree on the scope of issues the arbitrator will decide (e.g. finances, property, child arrangements) 

• Both sides present evidence, documents, and arguments, either in writing or at a hearing 

• The arbitrator considers the evidence and makes a binding decision (award), and 

• The award can be submitted to the court to be turned into a consent order, making it enforceable. 

Collaborative law: Collaborative law allows both parties and their lawyers to work together to reach a solution without going to court. In Collaborative law, all parties involved are asked to sign an agreement committing to the process. Other professionals, such as financial advisers or child specialists, may also be involved. This approach is often less stressful and more holistic, as it promotes cooperation and long-term solutions. In the context of a divorce, collaborative law involves the following key steps: 

• Each partner meets their own family law Solicitor separately to prepare 

• The Solicitors speak with each other to plan the first meeting 

• Other professionals (e.g. family consultant, financial adviser) may also be involved. 

• First four-way meeting at which all four sign an agreement not to go to court: 
  • Each partner shares objectives 
  • Agenda for next meeting is set (may cover children’s needs, finances). 

• Subsequent meetings: 
  • Focus on priorities such as children, finances, or transition 
  • Other team members may join discussions 

• Final meeting: 
  • Agreements are signed 
  • Solicitors explain next steps for implementation 

Do I need a solicitor during Family Dispute Resolution? 

Although it is not mandatory to have a family law solicitor during Family Dispute Resolution, having one can make a significant difference and lead to a better outcome for you and your children. A family dispute resolution solicitor will: 

• Advise you on your legal rights and options throughout the process 

• Recommend the best strategy to adopt based on experience and caselaw 

• Help you prepare for negotiations or mediation sessions 

• Draft or review agreements to ensure they are fair and legally binding 

• Support you if the dispute cannot be resolved and court proceedings become necessary, and 

• Ensure that your decisions are well-informed and protect your long-term interests.

What can Family Dispute Resolution resolve? 

Family Dispute Resolution can address a wide range of issues that arise when relationships break down or when wider family disagreements occur, including: 

• Divorce and separation disputes 

• Child arrangements 

• Wilder family conflicts 

Divorce and separation disputes 

Family Dispute Resolution can help separating couples reach an agreement on how to divide their marital assets, including the family home, pensions, savings, and debts. It can also help with spousal maintenance arrangements.

Child arrangements 

Family Dispute Resolution offers a safe and supportive environment to agree on child arrangements, schooling, holidays, and financial support. By encouraging a cooperative approach that puts the needs of the children first, there are two distinct advantages. Firstly, the child is much less likely to be exposed to anger and frustration by one or both parents during the process. What they will see instead is two parents who are trying to reach a solution in a calm and measured way. The second advantage is that any child arrangement decisions reached during FDR are likely to be honoured by both parties. Because both parents will have had a say in how they want the child arrangements to be formulated, neither is likely to feel animosity or resentment towards the outcome. 

Wider family conflicts

Family Dispute Resolution is not limited to disputes between couples or immediate family members; it can also be used to address disagreements involving grandparents, step-parents, or other relatives. These might include disagreements relating to contact arrangements for grandparents, Wills and inheritance matters. 

Family Dispute Resolution limitations 

Family Dispute Resolution is not suitable in all situations. There are important limitations to consider, including: 

• Agreements reached in mediation or other informal processes are not legally binding on their own. To make them binding, the parties usually need to turn them into court orders or formal legal agreements. 

• If one party refuses to engage, withholds information, or acts in bad faith, the process is unlikely to succeed. 

• Family Dispute Resolution is not appropriate in cases involving domestic abuse, child abuse, urgent protective orders, or highly complex international disputes. Court intervention is necessary in such circumstances. 

• Unlike a judge, mediators and other ADR professionals cannot compel financial disclosure or force compliance with an agreement. If disclosure is incomplete or a party later refuses to follow the terms, court involvement may still be needed.