Private FDR: focusing on non-court dispute resolution

Since April 2024, there has been a greater focus on the requirement for couples going through a divorce to consider how they can resolve their dispute without recourse to the court process.

An increasingly popular option is to use a ‘private FDR’. This replicates the hearing in financial remedy court proceedings known as the financial dispute resolution appointment (or FDR) at which a judge assists the couple in reaching a settlement by giving their view (known as an ‘indication’) on how the case could be resolved. This helps many couples to agree their final financial settlement and to avoid the need to ask another judge to make the decision for them at a later stage.

With a private FDR, the couple usually meet at one of their solicitors’ offices and set aside the whole day to try and settle the case. They appoint a private FDR evaluator as their ‘judge’ who will give the couple their experienced view to assist the couple in arriving at an agreement. They are usually highly experienced financial remedy solicitors or barristers and many sit as part-time judges in that field.
The couple must agree the individual who is appointed as the evaluator and, therefore, they have the opportunity to select someone with the appropriate experience which further increases the chances of settling.

Unlike with a court-based FDR, the private FDR evaluator will be available to the couple for the whole day, enabling them to discuss further points which may arise during the negotiations and get an additional steer to give the couple the best chance of settling.

Many court buildings suffer with a lack of private meeting rooms and refreshment facilities. With a private FDR, the couple has access to all of the amenities of a modern office building making the whole experience far more comfortable, which again increases the chances of a successful outcome.

It is necessary to pay for the time of the private FDR evaluator, but many couples consider this additional cost to be a proportionate amount to spend to save the costs of preparing for and attending court.

Helen Cankett in the Family team at BPE is a specialist financial remedy solicitor with over 20 years’ experience in this field. She is able to act as a private FDR evaluator for couples who are each represented by a solicitor. If you or your solicitor are interested in finding out more, please contact Helen on helen.cankett@bpe.co.uk or call 01242 248256.

These notes have been prepared for the purpose of articles only. They should not be regarded as a substitute for taking legal advice.