Private FDR/ENE

Our team of experienced practitioners offer Private FDRs/Early Neutral Evaluations for Financial and Private Child cases.

About Private FDRs

Private FDRs were once the preserve of large money cases but have becoming an increasingly useful too in medium and moderate asset cases. Private FDRs offer significant advantages over a traditional FDR at court, most notably:

    • Most cases settle at private FDRs. Increasingly this is difficult at a court-based FDR as the extreme strains on court finances, the increased use of Deputy Judges and non-family specialist and the demands on a judge’s time mean that they have neither the time to dedicate to reading the papers nor the flexibility to hear the parties on times which suit them or to see parties on numerous occasions throughout the day.
    • Private FDRs can be arranged at short notice avoiding long court listings.
    • A private FDR will usually be booked for the entire day, rather than for one hour of the judge’s time.
    • If booked to take place at Fourteen, parties will have access to a newly redecorated private room each and a third room for the ‘judge’. Tea, coffee and refreshments are available all day.
    • They can also be booked at an external venue and at a time and place to suit the parties.
    • The FDR ‘judge’ will have pre-read the papers and will be fully focused on the parties’ case.
    • They are conducted by financial remedies experts, chosen by the parties to ensure that they suit the case and parties’ temperaments.
    • Arrangements are flexible and can accommodate attendance by video link.
    • They can address both money and child arrangements if so required.
    • They can take place at any time including prior to the start of proceedings.

 

About Family 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 decision of the arbitrator will be recognised and respected by the court, and will be made an order of the court upon request.

 

To receive further information on the services we offer please contact our clerks on 020 7242 0858

Specialists in Private FDR/ENE