The Family Team at 5 St Andrew's Hill Chambers can assist you with settling your Family Law dispute, without the need to attend court.

Our Services

Mediation, Private FDRs, Early Neutral Evaluations, and Arbitration are all forms of Non-Court Dispute Resolution or alternative Dispute Resolution (ADR) that can be used by parties to keep disputes private, lower costs and avoid lengthy and stressful court hearings and litigation.

Why choose 5 St Andrew’s Hill for ADR?

We have a dedicated dispute resolution suite to facilitate your chosen method of alternate dispute resolution in a neutral, comfortable, and modern space. We can also provide remote sessions, depending on the individual needs and preferences of the parties involved. Parties can engage in ADR at a time of their choice with an arbitrator, mediator, or private FDR judge of their choice.

We have top-ranked members in our family team in both family finance and children law. We have a reputation for being approachable, friendly, and competitively priced in the industry. We have a wide range of expert dispute resolution practitioners to suit all cases and budgets.

Our family team is supported by our experienced clerks who are on hand to provide support and assistance with identifying the right person for your case and coordinating all aspects of the ADR process.

To discuss your case further with our dedicated clerks, contact us here.

Which option is right for me and my family law dispute?

Find out more about our Dispute Resolution services here:

Mediation

Family mediation is a process in which an independent, professionally trained, and impartial third-party facilitates communication and negotiation between separated partners to help them reach their own mutually acceptable agreements on issues such as child arrangements or financial matters.

Mediation can be the right option when:

  • parties are willing to cooperate,
  • the issues maybe complex and need to be worked through together, or
  • when the parties want to avoid the stress of court proceedings and keep costs down.

Mediation helps you stay in control. No-one will make you do anything against your wishes. The mediator will help you find a solution which works for you both and will explain what needs to happen to make an agreement between you legally binding.

One significant benefit of mediation is confidentiality. Unlike court cases, which are often public, mediation sessions remain private, providing a secure environment to discuss sensitive family issues. This privacy is invaluable for cases involving children or complex financial matters, allowing all parties to communicate freely without the pressure of public exposure. This setting often fosters more genuine dialogue, helping resolve issues amicably and sustainably.

Mediation is also generally quicker and more affordable than the traditional court process. By side-stepping court schedules and reducing the need for extensive legal documentation, mediation can reach resolutions in a matter of weeks or months. The streamlined process means fewer legal fees and less disruption to your life, making it a cost-effective and time-sensitive solution.

At 5 St Andrew’s Hill, we have experienced barristers who are also qualified mediators. Please get in touch with our clerks to explore your options if you are considering mediation to resolve any family law matters.

Family Arbitration

At 5 St Andrew’s Hill, our Family Law Team can help you with your Family Law dispute by using a qualified family arbitrator.

  • Maria Scotland is an arbitrator in the family scheme (finance) and an accredited civil mediator.
  • Gemma Lindfield is an arbitrator in the family scheme (children).
  • Niamh Wilkie holds a specialist qualification in international arbitration.

All members of our team can represent parties in arbitration and advise on the process.

This is a process where couples going through family breakdown agree to appoint a qualified arbitrator (a private judge) to adjudicate a dispute and make a binding decision, which can be an "award" for financial matters or a "determination" for child-related issues.

Family Arbitration can cover a wide range of Family Law disputes, such as:

  • Financial disputes, such as the division of assets and property.
  • Child maintenance and living arrangements.
  • Arrangements for children's upbringing, including schooling, and time spent with each parent.
  • Moving the children with a parent, whether to another part of England or Wales or on a temporary or permanent basis to "Hague" countries.

Arbitration can be a faster and more effective option if the parties are willing to negotiate and cooperate. It avoids court proceedings, and can be done in private and can often be a more effective option in terms of costs too.

The Process of Arbitration

  • Parties enter into an agreement to arbitrate and select an arbitrator.
  • The arbitrator will produce a decision, after considering the evidence and each party's case.
  • In financial matters, the arbitrator's decision is called an "award" while in child matters it is called a "determination".
  • The arbitrator's decision is binding on both parties.

Family arbitration is distinct from mediation in that arbitration results in a legally binding decision, whereas mediation aims for a mutually agreeable settlement.

To speak to us about using an arbitrator, contact our Clerking team here.

Early Neutral Evaluation

Early Neutral Evaluation is a form of non-binding dispute resolution where parties get a “sense check” early on in the process with a view to resolving matters or at the very least, narrowing the issues in the case or dispute.

The parties appoint a neutral third party to provide an objective opinion on the fair outcome of the dispute. There is flexibility about the process, and it can be tailored to suit the needs of the parties. The usual course is for the parties to send agreed documents to the evaluator with a scope of the instruction. The parties can make submissions in writing or orally before the evaluator provides their view, generally by way of a written report.

Private Financial Dispute Resolutions - PFDR

This is a form of Early Neutral Evaluation. 5 St Andrew’s Hill Family Barristers can sit as FDR judges in Financial Dispute Resolution cases. They can also undertake private FDRs as an alternative to the stress, delay and uncertainty that can be brought by court proceedings and litigation.

We have experienced matrimonial finance barristers who can provide advice to clients to achieve a private matrimonial financial resolution without involving the Courts.

The FDR Process

The Financial Dispute Resolution (FDR) hearing is an important stage of financial proceedings conducted on a ‘without prejudice’ basis, designed to help parties reach a final settlement by agreement and to avoid the costs and uncertainty of a final hearing. At this hearing, submissions are made to a Judge on behalf of each party setting out their respective positions and the Judge indicates what would be the likely outcome if the matter cannot be settled and proceeds to a final hearing. This indication is to encourage the parties to negotiate and try to reach a settlement without the need for further litigation. As with all court proceedings, it can take a significant period of time for this to be listed, and court Judges will have other matters to deal with at the same time. This can result in delays and increased costs.

Private FDR (PFDR)

Parties can choose to "opt out" of the court's FDR and agree a suitably qualified lawyer to conduct a PFDR once full disclosure has been undertaken by the parties. A well-prepared and expert barrister then sits as the Judge or early neutral evaluator, hearing from the parties and providing an indication of the outcome they believe would likely be awarded at a final hearing and the reasons why. The PFDR Judge will then be on hand to help the parties resolve the case through negotiations if they request such assistance. This approach gives the parties an opportunity to choose their own tribunal, at a time and location convenient to them and can save costs.

The guidance from the courts is that a private FDR will satisfy the requirements for there to be an FDR and if a PFDR does not settle matters, the court will nearly always list for a final hearing without requiring a second in court FDR. Alternatively, the parties may prefer to opt for an arbitration.

Parties can tailor a hearing to suit their needs, depending on their budget and complexity of the case. Our Chambers offers the ability to schedule a PFDR for a full day or for a shorter 2-hour session.

To find out more, speak with our Family Clerks here.

Private Dispute Resolution Appointment (Children Act Proceedings)

In private law (children proceedings), the Dispute Resolution Appointment (DRA) is a hearing at which a judge (or magistrates) offers their ‘early neutral evaluation’ of the likely outcome in the case and tries to help the parties resolve the issues in dispute or at least narrow them.

The significant delays in the family court means that parties are wating months, and sometimes years, to get to a DRA hearing. Much like a private FDR, a DRA is a solution to this problem. The barrister conducting a private DRA will have the parties’ papers and positions in advance and therefore clients can be assured that they have read and considered everything properly. At the private DRA, the barrister will hear submission from the parties’ representatives and provide a neutral evaluation of the likely outcome.

You can be reassured that the barrister will be able to dedicate the time to the matter that it properly deserves as your case is the only one that the barrister will be dealing with that day. This means that parties will receive a well-informed view from an independent expert, on what the probable outcome of their case would be at a final hearing.

Parties frequently settle their case after receiving such an indication, because both sides will have a better understanding of what they might gain or lose in continuing with litigation in the court system. The savings of legal costs, time and emotion can be substantial. This has a direct benefit for the child or children concerned.

Private DRAs also offer a guarantee of privacy that cannot now be assured in the court system. The parties will also have the benefit of chambers’ comfortable NCDR suite and refreshments, which is more conducive to settlement than the court environment where facilities are often woefully insufficient.

Instructing 5SAH

Please get in touch Dean Farlam to discuss resolving your family dispute.

deanfarlam@5sah.co.uk