As family law becomes increasingly international, the need for effective, flexible dispute resolution methods has never been greater. Non-Court Dispute Resolution (NCDR) is gaining traction worldwide, offering families creative, less adversarial alternatives to litigation.
As part of our ongoing commitment to best practice, we regularly connect with colleagues in our California, New York, Hong Kong, and Singapore offices to compare approaches to NCDR. In New York, courts have strongly promoted mediation, including a pilot program offering free mediation sessions at the outset of a case. The post-COVID backlog has also led many couples to opt for private arbitration or similar processes that are parallel to the court system but much more efficient and streamlined.
In California, parties must have a mandatory first mediation session at no charge through the court system for child arrangements and custody disputes. Similarly, mediation is common, and the court frequently orders parties to participate in Mandatory Settlement Conferences before a trial. Many litigants choose to use private mediation, either with attorney mediators or private retired judges to mediate global settlements. These sessions can last several days but are often more successful and cost-effective than litigation through the court system. Arbitration is available for both children and finance disputes in both New York and California.
In Hong Kong, the court can direct parties to attend mediation, and child-inclusive mediation is possible. However, arbitration is only available for finance cases, not children disputes. The newest model of NCDR in Hong Kong is MFDR/MCDR hearings (Mediation Financial Dispute Resolution and Mediation Children Dispute Resolution hearings) where a mediator attends Court to assist with negotiations following any indications made by the Judge.
Finally, whilst arbitration has not yet found its way to Singapore, mediation is commonly used, and indeed is compulsory to try if there is a minor child (under 21 years old in Singapore), and child inclusive mediation is quite common via a specially trained counsellor.
The global evolution of NCDR reflects a shared desire for more efficient and tailored solutions in family law. By learning from each jurisdiction's innovations and challenges, practitioners can better support families facing complex, cross-border disputes - ensuring that the best interests of all parties remain at the heart of the process.
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