Two years ago, new family proceedings rules arrived in an attempt to increase and encourage the use of non court dispute resolution (NCDR). So how has it gone? Is it ‘business as usual’? More importantly have the new rules had any effect on the punters – are they seeking more NCDR solutions or not?
The answer depends on who (or what) you ask.
The Ministry of Justice stats say that family court cases have risen by 13% each for private law children cases and finance cases.
Increase in the number of cases started in the family courts
64,336 new cases started in family courts in October to December 2025, up 4% on the same quarter in 2024. This was due to increases in most case types: private law (13%), financial remedy (13%), domestic violence (4%) and adoption (2%). However, there was a decrease in matrimonial matters case starts (5%). (The quarter to end of 2025).
Almost 40% of those cases had no legal representation at all, a pretty shocking statistic. These poor souls are on their own or more likely they are using online resources without much, if any, legal advice from solicitors. I feel for the judges who have to cope with these litigants in person.
I wondered what my LinkedIn community thought so I polled them as follows:
‘How are clients these days? Post covid and the current economic climate…'
- More likely to avoid court: 33%
- More likely to apply to court: 27%
- Clients are the same as ever: 40%
With 60 responses it represents less than 1% of my followers.
I decided to ask some family law pals in Brighton. They thought that there’d been an uptick in mediation, collaborative practice and the One solicitor: One couple process.
I’ve certainly experienced an increase in all the above, especially mediation. The government has spent £9 million on non means tested £500 vouchers towards mediation costs (and there is legal aid for mediation).
Early data suggests however that there has been a significant increase in the number of people choosing to opt for family mediation since April 2024, when court rules were changed to try to encourage further uptake of non-court dispute resolution. Legally aided mediation starts for 2024/25 increased by 37% from the previous year, and the Family Mediation Council’s 2025 survey of mediators showing that most mediators (58%) had seen a significant increase in the amount of mediation they conducted in the past 12 months, with an average increase of 22%.
Collaborative practitioners are supposed to register their cases with Resolution. Arbitrators are supposed to register their cases with the Institute of Family Law Arbitrators – until recently this has not been compulsory. Here at least, we don’t have much data to support our view.
Don’t forget there are more than 12 forms of non-court processes.
In London there seems to be a mentality of ‘private family dispute resolution and done’! Or if lucky an Early Neutral Evaluation (ENE) is sought. Our recently retired Family Division president, Sir Andrew McFarlane, is offering children ENEs at 1KBW.
The direction of travel is more NCDR, not less. I worry that many practitioners don’t see the family as a whole, focussing instead only on their client. But who can blame them? Those are the rules from the Solicitors Regulation Authority – represent the best interests of your the client.
The Rt Hon Lord Justice Stephen Cobb (the newly appointed president of the Family Division) set up the Family Solutions Group in 2020 and Sir Andrew McFarlane kept the flag flying; this group has been relentless. The most recent report - of which yours truly was on the working party - has received mixed reactions: seeking to advance specific training for family lawyers on psychology, reflective practice for practitioners mental health and more involvement of the children (to name but three).
How about involving the children?
The Family Solutions Group developed a protocol (I was on that working party too) so the children (via a child inclusive mediator) reports to the family law professionals as well as the parents (at the same time) It’s transformative for all.
But these innovative approaches leave the majority of those practicing family law (18,000 or so) cold.
The traditional approach
What are most practitioners doing?
- Taking the clients instructions.
- Writing a letter.
- Getting more instructions.
- Writing more letters.
- And when that doesn’t work – off to court.
So, if a punter turns up at this ‘traditional’ firm – they won’t be opting for NCDR; the practitioner is not going to recommend it.
A firm offering this service will not experience an uptick in non-court work.
AI is coming
I’ve got a message to those who still practice in a traditional way. AI is coming for you. ChatGPT can write formal letters too. At the moment for no cost. Those letters, though lacking legal know how, will get the clients quite a long way.
ChatGPT
I asked ChatGPT: 'What’s the best way to sort out the legal consequences of separating from my spouse?'
The answer was pretty good. I won’t repeat it all here but points 4 and 6 give me hope:
‘4) Consider mediation before litigation
In England, mediation is strongly encouraged and often required before court applications for finances or children (with exceptions like abuse).
A mediator helps negotiate practical arrangements.
It is usually cheaper and faster than contested court proceedings.
But mediation is not legal advice—you should still have a solicitor review outcomes.
6) Speak to a family solicitor before signing anything
Even if matters seem amicable, one consultation can identify hidden risks—especially around pensions, housing rights, and long-term support.
A solicitor can also turn an agreement into something enforceable.’
Could a holistic service be the future?
How about a holistic service? Offering the right advice or referral at the right time. This area is growing – people do seek it out. They don’t want a terrible and costly divorce or separation; they want to avoid court. Nova’s ‘Engage’ (which asks clients questions ahead of the first meeting with the solicitor) has found that the vast majority want to avoid court.
To provide an environment to help such clients is crucial. Creating and nurturing a community of like-minded family law professionals is essential. Trusting your network of local lawyers is required as is working with a network of mental health professionals who can help clients shift perspectives. Thus, more NCDR work will come your way; it’s about how we work rather than who we work with. In Brighton we have worked hard to create such a community and I’d say we are among the best in the jurisdiction at avoiding court.
Awards
I’m delighted to say that finally the awards so many family lawyers covet have caught up with the times. LexisNexis is offering the first award for NCDR this year and Resolution has run something similar for the last two years. So that’s something for us to aim for – who doesn’t like to win an award.
Jo O’Sullivan is an accredited mediator, solicitor neutral, author of (Almost) Anything But Family Court and founder of O’Sullivan Family Law
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