Private Financial Dispute Resolutions (FDRs) are a form of mediation which takes place outside of the court system. The separating couple privately acquire the services of a professional – such as one of our team of experts – to act as a ‘Judge’ at a neutral venue to provide their evaluation on the likely outcome of the case should it continue through to a Final Hearing at court.
PRIVATE FINANCIAL DISPUTE RESOLUTION JUDGES AT 18 ST JOHN STREET CHAMBERS
(FOR PRIVATE FDR HEARINGS)
The breadth of experience at 18 St John Street in Family Finance disputes arising from divorce, separation and cohabitee relationship breakdown means that we can provide a panel of highly experienced Private Dispute Resolution barrister Judges to assist in national/international joint referral cases.
In advance of the Private FDR, our appointed FDR barrister Judge will carefully consider all papers submitted and then, at the private FDR, will give each party a full, fair and balanced opportunity to provide their submissions and views on each issue or area of dispute or difficulty.
If required, our FDR barrister judges will – prior to a private FDR session – provide appropriate hearing management directions to assist the parties in dealing with the advance exchange of any written submissions or other documents that may be referred to or relied upon.
Our appointed FDR barrister Judge will provide an impartial, independent and considered indication as to outcome on each area of dispute and provide each party with every opportunity to discuss and resolve the areas of dispute.
All private FDR hearings before our FDR judge will be conducted in absolute confidentiality and strictly on a without prejudice basis. All parties will be required to agree to these strict requirements.
We support referrals for private FDR hearings from both legally represented parties or those who may choose to appear/act for themselves.
All of our appointed team of private FDR Judges have appeared before the financial remedy courts for in excess of 15 years ensuring an up to date and comprehensive approach to resolving financial remedy cases.
Our private referral FDR Team
Why make a joint referral to our Private FDR Barristers Judges?
The Family Procedure (Amendment No2) Rules 2023 changed the family Procedure Rules with the specific aim of encouraging and supporting the early resolution of financial remedy disputes, with an impetus to the courts to encourage parties to engage in NON-COURT Dispute Resolution during gaps and delays in the court process. The courts can and will be able to criticise or sanction those who fail to give this route to settlement and resolution proper consideration.
Whilst non-court private FDR sessions are not yet compulsory, it is clear that the emphasis is now to drive forward with out-of-court (or parallel) dispute resolution and, where possible, by private FDR arrangements which will reduce the burden of the family courts.
In Re X (Financial Remedy; Non-court Dispute Resolution)[2024]EWHC 538 Knowles J advanced the following in strong support for the use of private dispute resolution (private FDR hearings):
“Whether concerning money or children, to understand the court’s expectation that a serious effort must be made to resolve their differences before they issue court proceedings and, thereafter, at any stage of the proceedings where this might be appropriate. Furthermore, I want to signal that, at all stages of the proceedings, the court will be active in considering whether non-court dispute resolution is suitable.
Though the FPR rule changes due on 29 April 2024 do not go as far as compelling parties to proceedings to engage in non-court dispute resolution, the agreement of the parties to an adjournment for that purpose will no longer be required. Instead, the family court may – where the timetabling of the proceedings allows sufficient time for these steps to be taken – “encourage” the parties to obtain information and advice about and consider using non-court dispute resolution and “undertake non-court dispute resolution” (rule 3.4(1A) with effect from 29 April 2024). The accompanying Practice Direction 3A has been amended and makes clear that the court may also use its powers to adjourn proceedings to encourage the use of non-court dispute resolution (rule 4.1). In financial remedy cases, the power to encourage even unwilling parties will be reinforced by an amended rule 28.3(7) which will make the failure, without good reason, to engage in non-court dispute resolution a reason to consider departing from the general starting point that there should be no order as to costs.
Non-court dispute resolution is particularly apposite for the resolution of family disputes, whether involving children or finances. Litigation is so often corrosive of trust and scars those who may need to collaborate and co-operate in future to parent children. Furthermore, family resources should not be expended to the betterment of lawyers, however able they are, when, with a proper appreciation of its benefits, the parties’ disputes can and should be resolved via non-court dispute resolution. Going forward, parties to financial remedy and private law children proceedings can expect – at each stage of the proceedings – the court to keep under active review whether non-court dispute resolution is suitable in order to resolve the proceedings. Where this can be done safely, the court is very likely to think this process appropriate especially where the parties and their legal representatives have not engaged meaningfully in any form of non-court dispute resolution before issuing proceedings.”
What are the other benefits of appointing a Private FDR hearing judge?
- Speedy and convenient – No court listing delays. Private FDR can occur in parallel
- Our ‘Barrister Judge’ is a financial remedies specialist
- Full day with costs explained up-front (court often ONLY allocate 1 hr)
- ‘Barrister Judge’ available until agreement reached
- Venue is less formal than court, more relaxed with refreshments and also private rooms
- Further time can be booked easily, if necessary
- Focussed and in-depth consideration
- Flexible sessions. Half day (if limited issues)/ full day availability
- Advanced fixed costs
- The costs incurred by attendance at a private FDR can lead to considerable savings in legal costs by an early focus on dispute resolution
- Cohabitee/property dispute cases can also be considered appropriate for this form of dispute resolution
- National / International service
The venue for the private FDR day. (UK and International service).
- In our chambers
- At any agreed solicitor/lawyer office with appropriate breakout rooms
- An agreed neutral office with appropriate breakout rooms (which our clerks can arrange?)
At 18 St John Street we can boast a panel of Private FDR specialists who are all experts in Family Finance Law.
For more information on our Private FDR services, please contact our Senior Family Clerk Camille Scott by email: cscott@18sjs.com or on 0161 278 8263.