Private FDR

Private Financial Dispute Resolution (FDR): Flexible, Cost-Effective Alternatives to Court Hearings

No18 Chambers, is able to offer both the adjudicator and/or the representation of the parties in private FDR’s . As in a court FDR, the evaluator encourages the parties towards settlement and (unlike mediation) expresses a clear view on the likely outcome if the dispute were to go to court. Private FDRs are not just appropriate for “big money” cases and can save costs. The length of a Private FDR can vary, and like court based FDR’s solicitors may choose to represent their clients themselves, or instruct counsel on each side. Importantly, Private FDR’S take place wholly outside the Court process – with or without the existence of court proceedings in parallel – and is not confined to financial issues (as is the case with Court-FDRs).

(Private FDRs are very effective before court proceedings have been issued, where the parties have exchanged disclosure but where agreement has not been reached and can take place either via Face to Face or remotely).

Barristers practicing in this area

Also in Out of Court Solutions (NCDR)

The advantages of a No.18 Chambers private FDR provides:

An appointment of flexible duration
They can happen before court proceedings are started or at any stage during the court process.
There is very little delay in waiting for a date ( eg, if the court has adjourned or vacated an FDR hearing at short notice,)
The parties have the power to choose an evaluator in whom they and their lawyers have confidence.
An expert who will have read the papers thoroughly in advance and who will be able to give the parties the time which they may need in order to resolve the dispute; and assistance with drafting if required.
Family disputes are often about more than one area: for instance, children and money. A private FDR can deal with all or any aspects of the family dispute which the parties wish. A Court based FDR will normally only be able to deal with the finance aspect of the case .
The prospects of settlement are increased where the parties elect to have a private FDR as the facilitator will have pre-read the papers and will be available for the whole duration.
Where appropriate and the parties agree can be conducted on paper only
If further time is needed on a different day, the parties can elect to continue the Private FDR without being reliant upon court listing

Typical Fees:

Adjudicator (15years +)

1 hour : £1750 + vat
½ day: £2500 + vat
1 day : £3500 + vat

Adjudicator (below 15 years)

1 hour : £1500 + vat
½ day : £2000 + vat
1 day : £2500 + vat

Private FDR’s are an effective alternative to a Court based hearing where the parties have exchanged disclosure but agreement cannot be reached. This affords the parties the opportunity of a much earlier hearing date at a time and date that suits away from the sometimes intimidating environment of the courtroom arena. These can be held in Chambers or at an alternative venue by choice either face to face or remotely.

The adjudicator will give guidance as to the likely range of outcomes, potential strengths and weaknesses of each case as viewed on the day and how the parties can move forward and settle their case. If settlement is achieved, heads of agreement are drawn up for a subsequent consent order which will be binding on both parties. However, there is no power to impose a settlement & anything discussed during the private will be without prejudice so cannot be referred to at future hearings