Congested Courts and Delayed Hearings- Why not opt for a Private FDR?

We understand that the decision to end a marriage is one of the hardest a couple will face and it is not made easier by the prospect of having to ‘go to battle’ with one another in the Family Court. Not to mention the added fuel of congested court lists which means for considerable delays for hearings to be listed.

There are options available to our clients who are hoping to agree matters as efficiently as possible, one of them is considering attending a Private Financial Dispute Resolution Hearing, or ‘PFDR’. So, what is a PFDR and how can it help?

What happens at a private FDR hearing?

A private FDR is the equivalent to the Second Hearing in financial remedy proceedings, albeit out of the court system. At the Second Hearing and in a private FDR, a Judge will hear the submissions of both parties or their legal representatives and provide a likely outcome if the parties were to go to a final hearing. The Judge, therefore, does not impose an agreement but rather it is a means to assist with the negotiations of the parties. If, after the Judge has made an indication, one or both parties are unhappy, further negotiations can be made with their respective solicitors and revised offers can be proposed. If an agreement is not reached and a settlement cannot be agreed and formalised after the private hearing, the FDR will move to the court’s Final Hearing where the Judge will make a legally binding order.

What are the benefits?

• Speed – Often due to court congestions, hearings can take up to several months to be seen in front of a judge however, the private hearing can be booked on a date of convenience and at a short notice (dependent on judge’s availability).
• Privacy and comfort – it offers more privacy as the venue can be far more discreet than a busy court building.
• Financial specialist judge – The judge will be a financial specialist (as opposed to judges at court who may be better versed in children matters). They will have read the papers and will have plenty of time to see you when you require their input, which is often not the case in court.
• Better chance of settlement – Statistics show that around 80% of cases settle just after FDR/ private FDR stage.
• On your terms – If successful, being able to agree an outcome is in general far preferable to having one imposed on you.

What’s the catch?

No catch, however, there will be a cost of hiring a Judge privately which will not be due if matters were dealt with at court. It is the decision of the parties involved as to how this payment is divided.

How can we help?

We understand that there is no ‘one size fits all’ approach on what is suitable for our clients. We are able to advise as to if a PFDR will be most suitable in your case. We are guided by our clients’ needs and preferences and will make sure that you understand the process and feel supported throughout.

If you need any assistance with a Family Law matter, please do not hesitate to contact our experienced Family Team at Mayo Wynne Baxter on 0800 84 94 101. Our specialist team can advise you as to the best possible ways to resolve matters