Natasha Isaac will discuss recent developments in private law children cases and financial remedy...
What is a Private FDR?
The Financial Dispute Resolution (FDR) hearing, is an important second stage of financial proceedings in the Family Courts. The purpose of the FDR is to provide an opportunity for the parties to negotiate a final financial settlement with the input and assistance of a family judge. It is an informal hearing before a Judge where the Judge hears a summary presentation of each side’s case. The Judge will express a view about the likely outcome of the dispute to assist the parties towards settlement but does not have the power to make an order if they cannot agree.
Often cases settle at the FDR hearing or shortly afterwards based on the indication the court has given. However, they have their limitations:
- Court lists are becoming more congested and there is usually a considerable delay before the FDR takes place.
- Financial Remedy cases are listed in such a way that your case can be removed from the list at short notice. Thereby, losing your hearing date, and then having to wait for the case to be re-listed. This will result in further costs.
- As with other court hearings, the parties have no power to choose who the Judge will be. Experience shows that, through no fault of their own, the Judges assigned to deal with FDRs have not always had the chance to read the papers and prepare fully for the hearing, or have the relevant experience in this area of law.
- The FDR can only take place at a specified time during the Financial Remedy process.
- Family disputes are often about more than one area: for instance, children and money. An FDR will normally only be able to deal with one area.
Why have a private FDR?
- Avoids the Court delay
- The evaluator will have pre-read the papers and will be available for the whole day
- The parties can choose an evaluator in whom they and their lawyers have confidence.
- The FDR can deal with all or any aspects of the dispute which the parties wish.
- Flexibility in venue, although the facilities at 1COR are ideal for holding private FDR’s.
- It may save money in the long run.
Private FDRs can be used for any value of case are not just for “big money” cases and can save costs. The length of a Private FDR can vary, and solicitors may choose to represent their clients themselves, thereby avoiding the cost of instructing counsel on each side. Private FDRs are very effective before court proceedings have been issued, where the parties have exchanged disclosure but where agreement has not been reached.
Private FDR’s are suitable for direct public access.
CILEx Law School Family Law CPD Update with Natasha Isaac - Sep 2020
1COR Finalists for Regional Chambers of the Year at the Family Law Awards - Sep 2020
Stuart Wright looks at Online Mediations : Do they really work? - Sep 2020
Sutton Trust Pathways to Law Annual Virtual Conference with 1COR barristers - Jul 2020
Domestic abuse in faith communities with Natasha Isaac & Anogika Souresh and special guests - Jul 2020
ICO removal in the time of COVID-19 with Rebecca Davies & Delia Minoprio - Jul 2020
Withholding documents or information from a party in care proceedings - Jun 2020
How can I resolve my case quickly and remotely? When Arbitration is the answer - Jun 2020
A Parent’s Guide to Remote Hearings by Rachael Claridge, Delia Minoprio & Hope Spalding - Jun 2020
Hope Spalding shares her experience as a Second Six Pupil in The Times - May 2020
Not without my lawyer!’ Delia Minoprio explains a recent High Court case for The Transparency Project - May 2020
Join us (remotely) for the 1COR Family Law Forum each Tuesday - May 2020
(Remote) Life at the Bar with the Sutton Trust - Apr 2020
What to do about children spending time with their separated parents during COVID-19 - Apr 2020
Resolve your disputes remotely and without relying on the Family Court during COVID-19 - Mar 2020
Abha Pandya and Scott Storey gave a whirlwind tour of LPAs and probate disputes at Downs Law - Feb 2020
Open for Business! 1COR’s Richard Ager supports the University of Brighton’s Legal Clinic launch - Dec 2019