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12 June 2026 / Kate Stovold
Issue: 8165 / Categories: Features , Family , Dispute resolution , Divorce , ADR , Mediation
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Family justice beyond the courtroom

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© Getty images
The rise of non-court dispute resolution in family law is a necessity, not a trend, writes Kate Stovold
  • Non-court dispute resolution (NCDR) is becoming the default pathway in family law, driven by court delays and increasing demand for faster, more predictable outcomes.
  • As NCDR grows, lawyers play a critical role in ensuring private processes remain fair, safe and suitable for the families they serve.

Historically, non-court dispute resolution (NCDR) in family law disputes was viewed as a possible alternative to litigation rather than its obvious substitute. It was explored only when the parties could be readily signposted rather than relied upon as the primary route to a family-focused outcome. In 2026, however, that view feels increasingly outdated, and rightly so, as more families turn to NCDR to resolve matters and, importantly, lawyers are signposting appropriately to ensure that their clients’ best interests are served.

As a lawyer who says (and actually means) that court must always be seen as a last resort in family law

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