Neurodivergence and non-court dispute resolution: making it work for everyone

Siân Cox, Harcourt Chambers

The article explores how non‑court dispute resolution (NCDR) can better support neurodivergent people. As awareness of neurodivergence grows within the justice system, the authors argue that NCDR—already promoted for its flexibility, lower cost, and reduced emotional strain—must also be accessible to neurodivergent parties. Drawing on guidance from the Equal Treatment Bench Book, the Family Justice Council and specialist organisations such as FLANC, the article stresses that the question should be how NCDR can adapt to meet a person’s needs, not whether they are “suitable” for it. The authors examine a wide variety of NCDR models: highlighting their customisability - making them potentially less stressful and more effective for neurodivergent clients. However, barriers remain: NCDR requires both parties’ agreement; misunderstandings around neurodivergence can derail progress; and some processes may overwhelm parties who have rigid thinking styles or processing difficulties. The article emphasises the need to balance the interests of neurodivergent and non‑neurodivergent parties. Ultimately, greater knowledge, training, and proactive use of tools like FLANC’s resources could make NCDR a more inclusive and effective route to resolving family disputes.

The full article has published in the February issue of Family Law.