A traditional Financial Dispute Resolution Appointment (FDR) is a Court hearing. The idea is that the Judge tries to assist the parties to settle their Financial Case, by giving an “indication” of what the Court would be likely to order at a Final Hearing if the matter cannot be resolved by agreement.

A Private FDR is a form of Non-Court Dispute Resolution (NCDR) where the parties choose a specialist Financial Remedies barrister to act as an early neutral Evaluator (sometimes referred to as a “Private FDR Judge”). The barrister reads the papers and hears legal arguments, before giving an “indication” of what the Court would be likely to order at a Final Hearing and what a fair settlement would be. The parties have time to negotiate, with the benefit of the Private FDR Evaluator’s view. Settlement is very often achieved.

Advantages of Private FDRs:

• A Private FDR can take place on an early date, which is convenient to the parties, avoiding the delay inherent in the Court process.
• The parties can jointly choose a specialist Financial Remedies barrister as their Private FDR Evaluator.
• Whilst the Court lists several FDRs and / or other hearings in front of the same Judge on the same day, a Private FDR is usually booked for a full day (9am – 5pm). The Private FDR Evaluator is available to the parties throughout the day, giving them time and space to negotiate an agreement.
• The Private FDR Evaluator will have more time to read the papers and listen to legal arguments than is often possible in the busy Court arena.
• A Private FDR can take place at a comfortable venue of the parties’ choice. Fenners is pleased to offer the use of our beautiful building in Cambridge where we will provide light refreshments. Our Private FDR Evaluators are happy to travel to solicitors’ offices or other venues as agreed. We can also conduct Private FDRs remotely by Teams or Zooms.
• A Private FDR very often enables the parties to reach an agreement at an early stage, avoiding the financial cost and emotional strain of protracted Court proceedings.

In Court proceedings, there are dispute resolution hearings at which the Judge (or Magistrates) may try to encourage the parties to settle by giving an “indication” of what the Court would be likely to order at a Final Hearing if the matter cannot be resolved by agreement.

Children Early Neutral Evaluation (ENE) is a form of Non-Court Dispute Resolution (NCDR) where the parties choose a specialist Private Law Children barrister to act as a neutral Evaluator. The barrister reads the papers and hears legal arguments, before giving an “indication” of what the Court would be likely to order at a Final Hearing and what a fair settlement would be. The parties have time to negotiate, with the benefit of the Evaluator’s view. Settlement is very often achieved.

Advantages of Children ENEs:

• A Children ENE can take place on an early date, which is convenient to the parties, avoiding the delay inherent in the Court process.
• The parties can jointly choose a specialist Private Law Children barrister as their Evaluator.
• Whilst the Court lists several hearings in front of the same Judge (or Magistrates) on the same day, the Evaluator will be available to the parties for the full day / half-day booked, giving them time and space to negotiate an agreement.
• The Evaluator will have more time to read the papers and listen to legal arguments than is often possible in the busy Court arena.
• A Children ENE can take place at a comfortable venue of the parties’ choice. Fenners is pleased to offer the use of our beautiful building in Cambridge where we will provide light refreshments. Our Evaluators are happy to travel to solicitors’ offices or other venues as agreed. We can also conduct Children ENEs remotely by Teams or Zooms.
• A Children ENE very often enables the parties to reach an agreement at an early stage, avoiding the financial cost and emotional strain of protracted Court proceedings.

Arbitration is basically ‘private court’ where an Arbitrator decides your case and draws up a written binding decision that can then be enforced by the Court if necessary.

The essential rule is that both parties must agree who the arbitrator is and what their terms of reference are.

Both parties usually pay half the costs of arbitration each – or agree to let the arbitrator decide how costs should be apportioned.

If you ask a Fenners Barrister to conduct your Arbitration we can also provide a full refreshments services and ‘breakout’ spaces for you to talk privately to your advocate or lawyer during the day.

1 day Arbitrations at Fenners cost between £6,000 and £10,000 depending on complexity.

New rules on NCDR came into force on 29th April 2024. Senior Judges have made it clear that people are expected to use NCDR to resolve disagreements.

• In X v Y [2024] EWHC 538, Mrs Justice Knowles said that those involved in family proceedings must “understand the court’s expectation that a serious effort must be made to resolve their differences before they issue court proceedings and, thereafter, at any stage of the proceedings where this might be appropriate”. The Judge emphasised that “at all stages of the court proceedings, the court will be active in considering whether non-court dispute resolution is suitable” and changes to the rules “will give an added impetus to the court’s duty in this regard”.
• The Court can require parties to complete a form setting out their views on using NCDR.
• The Court has the power to adjourn proceedings to encourage the parties to undertake NCDR, even if the parties do not agree to the adjournment. The Judge did this in NA v LA [2024] EWFC 113.
• In financial remedy cases, failure without good reason to attend NCDR can be a reason for the Court to consider making a costs order.