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Private FDRs – a quicker, more flexible and efficient way of achieving settlement?

Absolutely!

What is a private FDR?

This is a process where the parties appoint an independent private judge (usually a barrister, solicitor or retired judge) to provide an external evaluation of how the financial issues between the parties should be decided. This is known as an ‘indication’ and it is exactly that; an indication of the likely outcome at a final hearing should the parties fail to settle their financial dispute.

This can take place prior to proceedings being issued. The process remains private and confidential.

The former president of the Family Division, Sir James Munby, describes private FDRs as:

‘A private FDR is a simple concept. The parties pay for a financial remedy specialist to act as a private FDR judge. That person may be a solicitor, barrister or retired judge. No additional qualification is required. The private FDR takes place at a time convenient to the parties, usually in solicitors’ offices or barristers’ chambers, and a full day is normally set aside to maximise the prospects of settlement. It takes the place of the in-court FDR.’

What are the benefits of a private FDR?

  • Less delay. The private FDR is usually scheduled for the day, on a date to suit the parties. This will take place much sooner than an in-court FDR (parties can wait over 6 months for an in-court FDR to be listed).
  • A devoted judge. Unlike the in-court FDR (which may be listed alongside 3 or 4 other hearings), a private FDR judge will be fully committed to the case. Parties can be confident that the judge will have read all the papers and will be on top of the facts/figures prior to hearing submissions.
  • Greater flexibility and autonomy. The parties get to select their private FDR judge as well as the venue (this can take place at a neutral venue such as a hotel although will usually place in chambers where the private FDR judge is based). The parties feel more in control. A good private FDR judge will be on hand to assist the parties whenever they require. The parties and their legal representatives can see the private FDR judge as many times as they like.
  • A proper indication. The whole purpose of an FDR is to obtain an indication from a judge as to the likely outcome at a final hearing. A good judge will identify the strengths and weaknesses of the parties’ positions and provide a view as to the likely outcome if the matter proceeds to final hearing. An indication provided by a private FDR judge is often more detailed. This is because a private FDR judge will have more time to carefully consider their indication and reasons (this is not afforded to judges in court-based FDRs). This can provide greater clarify to the parties when entering negotiations.
  • Higher settlement rate. Although the rate of settlement at a court FDR is good; it is even better with private FDRs. In my experience representing clients at private FDRs, the rate of settlement is MUCH better! (100% compared to roughly 60% with in-court FDRs).
  • It is less adversarial. We know that some practitioners love to ‘do battle’ and simply can’t help raising the temperature, but this is not always helpful. It is about ‘resolution’ and assisting the parties as part of a less-formal process achieve settlement. There is a greater emphasis on settlement.

Technology & Administration

NCDR can take place either via Face to Face or remotely .The use of remote technology has now been fully established and is in use on a daily basis. We can assist in organising the appropriate setup for your particular case.

No18 Chambers can offer as many meeting rooms as necessary including:

  • The judicial room
  • Separate conference rooms for the each team (where private discussion can take place)
  • The Negotiation room.
  • Private meeting room

If you have any questions or queries surrounding chambers, its services or the work we undertake please do not hesitate me on 023 80 736812 or via e-mail  markwindebank@no18chambers.com