Dispute Resolution

We offer a range of alternatives to resolving disputes outside of court – including Arbitrations, Private FDRs and Early Neutral Evaluations for financial remedy matters and private law cases relating to children.

Facilities

Our modern, professional central London suite of conference rooms offer a pleasant environment. With comfortable facilities and rooms of varying sizes, we offer a setting to put you at ease: something that we understand the importance of when dealing with sensitive matters relating to the lives of our clients.

 

Private FDRs

Private FDRs are becoming increasingly popular in high, medium and moderate asset cases. A Private FDR at FOURTEEN offers significant advantages over a traditional FDR at court, most notably:

  • Cases are more likely to settle at Private FDR. The FDR ‘judge’ will have read the papers and be fully focused on the parties’ case without the constraints on time that have become common at court. The FDR ‘judge’ will have no other cases to consider that day and it is possible to ask for indications on discrete issues. A Private FDR will usually take place over the course of a day.
  • They take place in comfortable surroundings in our modern conference rooms in Chambers with tea, coffee and refreshments provided throughout the day.  They can also take place at an external venue at a time and place that suits the parties.
  • Arrangements are flexible and can accommodate attendance by video link.
  • They are conducted by expert financial remedy practitioners, chosen by the parties to ensure that the FDR ‘judge’ suits the parties’ budget and the complexity of the case.
  • They can take place at any time including prior to the start of proceedings.
  • There is no risk of the court removing a hearing from the list due to a lack of judicial availability.
  • They can address both money and child arrangements on the same occasion.

The following barristers all offer Private FDRs:

All of our financial remedy barristers can represent a party at a private FDR.

To receive further information on the services we offer, please contact our clerks by email or by telephone on 020 7242 0858.

 

Arbitration

Arbitration is a form of private dispute resolution that takes place outside of the court process.  The parties agree to appoint a suitably-qualified impartial person (“the arbitrator”) and engage in a flexible, and confidential process tailored to their requirements to resolve their dispute without having to go to court.  They agree to be bound by the arbitrator’s decision (“the award”). The arbitrator will act fairly and impartially, giving each party the opportunity to put their case.

At the end of the process, the arbitrator will provide a clear, reasoned written decision applying the law of England and Wales, just as a judge would do.

Arbitration is a good alternative for those who cannot resolve their family law issues through mediation or negotiation. It differs from other forms of non-court dispute resolution (such as mediation or collaborative law), in that the parties are guaranteed a decision at the conclusion of the process which will be binding upon them.

The starting point is that the decision of the arbitrator will be recognised and respected by the court, and will be made an order of the court upon request.

  • Martin Ward is qualified to arbitrate your financial matter.
  • Damian Stuart is an IFLA approved arbitrator for Children Act proceedings.
  • Seema Kansal can advocate in an arbitration.

To receive further information on the services we offer, please contact our clerks by email or by telephone on 020 7242 0858.

FOURTEEN’s comfortable and convenient conference suite provides a natural and professional setting for arbitration.

 

Early Neutral Evaluation

Courts do already offer early neutral evaluations (ENEs). A judge gives guidance as to the likely outcome of the case, with a view to trying to encourage the parties to agree matters and to resolve their dispute.

There are time and cost advantages to opting instead for a non-court-based ENE. Here instead of a judge your FOURTEEN barrister acts as an evaluator of the case and of any disputes being raised. They, in effect, offer a ‘sense-check’ of what would be a likely court outcome and presents to you the realities of litigation. This way, the parties get a chance to know whether they are on the right track at a relatively early stage, before large sums of money are spent on preparing all of the evidence which would be needed in court. The evaluation is not binding but is privileged. It can though be very helpful towards reaching a sensible settlement out of court.

To get in touch, please contact our clerks by email or by telephone on 020 7242 0858.

Specialists in Private FDR/ENE