Financial Dispute Resolution (FDR)
Private Financial Dispute Resolution (pFDR) hearings have gained traction in recent years, largely due to the mounting pressure on court resources and the desire for a more efficient resolution process. Gemma Whitchurch, Partner in our Family team explains.
What is the difference between an FDR and a pFDR?
Financial Dispute Resolution (FDR)
A Financial Dispute Resolution Appointment (FDR) is usually the second court hearing within a financial remedy application. It is known as the negotiation hearing and when many cases are often settled.
Both parties put their cases forward and the judge, gives an indication as to what award they would likely make, if hearing the matter as a final hearing to help both parties negotiate a settlement.
Private Financial Dispute Resolution (pFDR)
A Private Dispute Resolution is a form of Alternative Dispute Resolution (ADR) and one that takes place outside the court – usually at a solicitor’s office or barrister’s chamber.
The parties, through their legal representatives choose, and privately and jointly instruct a judge. The judge can either be a barrister or solicitor that specialises in family law and often, they may sit part time as judges in court themselves.
As they are instructed privately, they do charge a fee, but this is generally shared between the parties and the advantages in many cases, outweigh the cost of the judge.
Advantages of pFDR
- Your selected judge will be available all day and will only be dealing with your case.
- As a specialist family judge, they will be fully aware of the intricacies and nuances of family law.
- You can see the judge as many times as you like. If you reach an impasse in negotiations or require some assistance on a point of dispute, they are there to assist you in reaching an agreement so that both parties can move forward.
- As you have paid for the judge, both parties are committed to settling matters at the pFDR even if it does mean that some compromises are made to do so.
Confidentiality and privacy
You and your former spouse will each have your own private room where you can sit with your solicitor and barrister and talk freely without fear of being overheard.
The realities of our court spaces mean there are very few conference rooms available, and you often have to make do with a little corner somewhere.
Reaching a resolution
It is sadly well known that our Court resources are overstretched, and many have very long waiting lists (sometimes months) between first hearing and FDRs.
A pFDR means you do not have to wait until the court is available. You can choose a day that works best for you and your former spouse making it easier to make any childcare arrangements and plan around any work commitments.
It is far better for parties to negotiate an outcome as if your case goes to a final hearing and the judge decides what should happen, the reality is that neither party will probably like the outcome and you will have incurred considerable costs in getting to that stage. As soon as your case is ready you can have your pFDR and you can both move forward.
How can we help?
When looking to go your separate ways there are lots of different routes you can choose to work things out. Although court proceedings can be an important element in certain circumstances, they are not necessarily required. Our main priority is to minimise conflict whenever possible and ensure a seamless process.
For pragmatic no nonsense advice and practical solutions on how our team can help you with your family or divorce matter, please get in touch.
