Why go private?
The court system is currently seriously overstretched. This may mean that the date you are given for an FDR within the court system may be far ahead. Even then, the date may not be convenient to one of those involved. The FDR is usually listed alongside a number of other cases for aproximately an hour. All of this means that the judge will have limited reading time. The court may not be able to offer adequate facilities for you to discuss your case in private with your legal team.
All of these problems are overcome by a Private FDR, the use of which is encouraged by the senior judiciary of the Family Court.
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Advantages
The main advantages are:
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You choose the date. It can be as soon as is convenient to you.
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You choose the person to conduct the FDR. This can be someone who has specialist knowledge of particular aspects of your case, for example, taxation, pensions or an international dimension. That person is entirely focused on your case and no other.
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You choose the format by deciding whether the FDR should be conducted face to face or remotely on a platform of your choice.
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You choose the venue if the FDR is to be conducted face to face. This will usually be at a solicitors’ office or barristers’ chambers where the facilities on offer will be more comfortable than those available at court with refreshments available.
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You choose the length of the FDR. Normally, one day is set aside, which allows adequate time for each party to set out their case, for an indication to be given by the person conducting the Private FDR and for negotiations to take place. You are not competing with other cases for a judge’s time. There is no time lost waiting for your case to begin.
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The person conducting the Private FDR has adequate time for preparation. I allow one day for preparation.
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Private FDRs have a very high success rate (higher than FDRs conducted in the court system). This stems from the commitment to the process shown by the parties’ decision to opt for a Private FDR together with the overall level of preparation committed to it.
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There is total privacy and confidentiality. Whilst FDRs conducted within the court system are heard in private, you will not need to enter a court building for a Private FDR.
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Private FDRs take place in a relaxed and informal environment. They tend to feel less adversarial than FDRs in the court system.
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Private FDRs can prove very cost-effective because, although there is a fee payable, costs overall may be saved as a result of the high success rate, where an agreement (or partial agreement) is reached at an earlier stage than might otherwise have been possible.
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Where an agreement is reached at a Private FDR, heads of agreement or a draft consent order can be drawn up to be sent to the court for approval to conclude the case.
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If no agreement is reached, the court timetable simply resumes with no interruption.
