Law
NCDR and the law: how courts push separating couples towards mediation
This section explains the legal machinery that connects family mediation to the family court in England and Wales: the statute behind the MIAM, the court rules that changed in April 2024, the forms that carry it all, and what happens if someone refuses to engage.
What NCDR actually means
NCDR stands for non-court dispute resolution. It is the umbrella term the Family Procedure Rules use for every way of sorting out a family dispute other than asking a judge to decide. The rules define it as methods of resolving a dispute other than through the court process, including mediation, arbitration, evaluation by a neutral third party (such as a private financial dispute resolution process) and collaborative law.
Each option works differently. In family mediation, a trained neutral helps the two of you reach your own agreement. In family arbitration, you jointly appoint a qualified arbitrator whose decision binds you both. In a private FDR or early neutral evaluation, an experienced lawyer or retired judge tells you how a court would probably decide your case, which usually prompts a settlement. In collaborative law, each of you has a specially trained solicitor and everyone commits to settling around a table rather than in court.
None of these is compulsory. What the law does require, and increasingly rewards, is that separating couples genuinely consider them before and during any court case. Our guide to choosing between the NCDR options compares them side by side.
The MIAM: the one legal requirement
The foundation of the whole system is section 10 of the Children and Families Act 2014. It says that before making a relevant family application, a person must attend a family mediation information and assessment meeting, better known as a MIAM. In practice that covers most applications about children arrangements and most applications for a financial order on divorce.
A MIAM is not mediation itself. It is a private meeting, usually 45 minutes to an hour, where an authorised family mediator explains the options, assesses whether mediation or another form of NCDR could work in your situation, and screens for safety issues such as domestic abuse. It typically costs £100 to £150 per person. If mediation is unsuitable, or the other person will not take part, the mediator signs the court form so the application can go ahead.
There are exemptions, for example where there is evidence of domestic abuse, genuine urgency, or child protection involvement. We cover the statute in detail in our guide to section 10 of the Children and Families Act 2014, and the exemptions in the MIAM exemptions guide.
What changed in April 2024
On 29 April 2024 a set of amendments to the Family Procedure Rules came into force. Together they turned NCDR from something courts politely encouraged into something they actively manage cases around. Four changes matter most.
| Change | What it means in practice |
|---|---|
| Wider NCDR definition | The rules now expressly cover mediation, arbitration, neutral evaluation (including private FDR) and collaborative law, so judges can point parties to any of them. |
| The FM5 form | Both parties must file a statement of their position on NCDR before the first hearing, explaining what they have tried and why court is still needed. |
| Adjournment powers | Courts can pause proceedings to allow NCDR to take place, and no longer need both parties to agree to the pause. |
| Costs consequences | In financial remedy cases, failing without good reason to attend a MIAM or NCDR can now count against you when the court decides who pays costs. |
Each of these has its own guide in this section: the FM5 form explained, running court and mediation at the same time, and the costs consequences of refusing NCDR.
Why the rules moved this way
The direction of travel is not hard to read. The family courts carry a heavy backlog, and contested cases routinely take a year or more to conclude. Our page on family court delays sets out the figures. Ministers and senior judges have both said, repeatedly, that court should be the last resort for families who can safely resolve matters themselves.
The case law pushed in the same direction. In late 2023 the Court of Appeal held in Churchill v Merthyr Tydfil County Borough Council that courts can lawfully order parties to engage in dispute resolution outside court. In early 2024, in Re X (Financial Remedy: Non-Court Dispute Resolution), Mrs Justice Knowles warned that parties in financial cases should expect judges to use the new rules. Within months of the amendments taking effect, courts had begun staying financial proceedings so the couple could attempt NCDR first, NA v LA being an early reported example.
The law
The court has a continuing duty, at every stage of proceedings, to consider whether non-court dispute resolution is appropriate, and can adjourn the case to allow it to happen. That duty sits in Part 3 of the Family Procedure Rules, supported by Practice Direction 3A.
The forms that carry the system
Three forms connect mediation to court. The C100 starts most applications about children and includes a section where a mediator confirms MIAM attendance; the court fee is £270 as of 13 July 2026. Form A starts contested financial remedy proceedings, with a £321 fee, while a financial agreement reached in mediation can instead be turned into a consent order for a £62 fee. The FM5 is the newest of the three: the statement each party files about their position on NCDR.
We explain each one in this section: the C100 form and the MIAM and Form A and the MIAM cover the two application routes, and the fee differences show why a mediated agreement is so much less expensive to formalise.
If mediation does not resolve everything
None of this law forces anyone to settle. Mediation is voluntary, and some cases genuinely need a judge. When that happens, the work done in mediation rarely goes to waste: issues get narrowed, disclosure gets gathered, and a partial agreement can be recorded so the court only deals with what remains. Our guide on what happens if mediation fails walks through the options in order of cost and speed.
The seven guides below cover the whole of this area. If you are just starting out, begin with the section 10 guide for the legal requirement, then the form guide that matches your situation, children or finances.
In this section
Section 10 of the Children and Families Act 2014
The statute behind the MIAM requirement, in plain English.
The statement of position on NCDR both parties file before the first hearing.
How the children application form and the MIAM requirement fit together.
Financial remedy applications, the MIAM, and the two very different fees.
If mediation fails: what happens next
The options ladder when mediation does not resolve everything, and why partial agreement still counts.
Can court and mediation run at the same time?
Adjournments for NCDR, mediating between hearings, and what the court can see.
Costs consequences for refusing NCDR
How unreasonable refusal to mediate can lead to a costs order, and how to protect yourself.
Sources
- Children and Families Act 2014, section 10, the statutory MIAM requirement (accessed July 2026).
- Family Procedure Rules, Part 3, the court’s NCDR duties, adjournment powers and MIAM rules (accessed July 2026).
- Practice Direction 3A, detailed guidance on the MIAM requirement and exemptions (accessed July 2026).
- Family Procedure Rules, Part 28, rule 28.3(7) on costs in financial remedy proceedings, including failure to attend a MIAM or NCDR (accessed July 2026).
- GOV.UK: Statement of position on non-court dispute resolution, Form FM5, the official FM5 form (accessed July 2026).
- GOV.UK: Family court fees (EX50), the £270, £321 and £62 application fees (accessed July 2026).
- GOV.UK: Court and tribunal fees updates from July 2026, the July 2026 fee increases (accessed July 2026).