Barriers to particaption will be unique to the individuals needs and profile.  It may be that both clients are facing different barriers. Clients may or may not be clear about their own neurodiversity.  Care and patience is needed to identify how both clients will participate.  If appropriate, an All about me document can be used to better understand individual need. Time spent identifying needs and building an Agreement of Process will maximise the chances of a successful outcome. Since the challenges and needs of no two individuals are the same, a flexible approach to screening must be adopted. The following non exhaustive questions provide a useful guide.


Practitioners are reminded that issues concerning capacity, child protection and domestic abuse require separate attention before considering safe and appropriate ways forward.

  • Barriers to participation in NCDR can be identified using this tool.

  • Adjustments to overcome barriers should be needs driven and tailored to the person who needs them and the circumstances. Although there are adjustments which can be helpful time and time again, like taking regular breaks, a one-size fits all approach should be avoided as it can lead to necessary adjustments being overlooked and unnecessary or unhelpful adjustments being put in place. 

     All parties and the professionals involved in the dispute resolution process will need to agree to the adjustments which are to be made. If these cannot be agreed, that may impact on the parties’ suitability for dispute resolution or a particular type of dispute resolution. Agreement about the barriers faced and adjustments to be made will be set out in the agreement of process.

    The majority of adjustments will be straightforward, simple and many will already be familiar to family justice professionals however, but sometimes creative thinking will be needed. 

    Some examples of common barriers and possible adjustments can be found here but these are only suggestions and not exhaustive. 


  • All clients, but especially those with neurodivergence benefit from certainty and from knowing that there is a plan in place.  It is therefore important to set out at the start what a process will look like.  For example, if a client is going to begin mediation, it can be useful to agree a roadmap in the event that mediation does not succeed.  This roadmap may include a pFDR or involve going straight to arbitration in a med to arb process.  Setting this out at the beginning, and agreeing it between both parties including signing up to an ARB1 benefits clients with a roadmap and timeline for settlement.