Private hearings
Private FDR (negotiation) hearings are becoming more and more popular.
Essentially, they look to replicate a court Financial Dispute Resolution (FDR) hearing in terms of how format, they are structured and the paperwork that is prepared. The primary difference is that rather than waiting for the hearing to be listed by the court before an unknown judge on an unknown date, you pay a professional to act as the judge. They tend to be experienced family law barristers and they need to be agreed by both parties.
While this increases the initial cost compared to a court FDR (as usually the judge’s fees are shared) there are some clear advantages:
- The parties can pick a date and time to suit them.
- The parties can ensure they are content that the judge has the requisite level of experience ahead of time.
- The parties are not constrained by other commitments in the judge’s diary in the same way they are at court – usually, they have the judge for at least a whole day and the judge has more time to prepare.
- The parties can choose their venue.
- There is more flexibility as to structure, paperwork and the issues to be considered by the judge.
- The atmosphere can feel more relaxed at what can be a very difficult time.
Anecdotally, it is understood that Private FDR hearings have a very high success rate.
This is perhaps because, unlike a standard round table meeting which takes place between the parties and their legal representatives, there is a judge there to indicate the correct outcome. This can help prevent stalemate.
Further, the fact that the parties have chosen the judge and the same should be well-prepared can make them more inclined to take this indication on board than an indication by a court-appointed judge. This ultimately can reduce costs too.
Private FDRs can take place without an application being made to court or, if an application has been made, the parties can ask that they have a private FDR rather than a court one.
At McAlister Family Law we have significant experience of private FDRs in a variety of different circumstances and we can help you consider the pros and cons of such a hearing, as well as help you prepare for and attend any hearing. We also have the facilities to host private FDRs at our office.
