The extent to which NCDR is or is not appropriate where domestic abuse is alleged

28 March 2025

Edward Cooke collaborated with fellow practitioner Karin Walker, on a discussion piece on this topic in the Financial Remedies Journal Spring 2025 edition. Edward and Karin explore the appropriateness of non-court dispute resolution (NCDR) in cases where domestic abuse is alleged.

In the article, they refer to Resolution's October 2024 report, Domestic abuse in financial remedy proceedings, and its important role in bringing the interplay between domestic abuse and the treatment of finances on separation and divorce into the spotlight. The pair make clear, though, that their task within the piece was not to express their views on all the recommendations arising from that report. 

Instead, the article explores in focus the recommendations surrounding the use of non-court dispute resolution (NCDR) and the extent to which NCDR is or is not appropriate where domestic abuse is alleged.

Edward and Karin underscore the need for safeguarding victim-survivors from ongoing domestic abuse and the risk of traumatisation, whilst ensuring fair outcomes as they explore the potential benefits of NCDR in these circumstances.

Areas covered within the article include:

-       Reflections on the impact of the broken court system.

-       The range of NCDR options, including hybrid mediation, arbitration, private financial dispute resolution (Private FDRs).

-       The development of mediation practice in the post-pandemic landscape.

-       Addressing the concerns about NCDR where domestic abuse is a factor.

-       Recognising the time and cost effectiveness of NCDR approaches and the possibility of mitigating re-traumatisation of victim-survivors.

-       Considering training requirements to support the way forward. 

Read the full article from page 88 here.