FINANCIAL DISPUTE RESOLUTION HEARING (FDR)

This is the second of three court hearings when it is hoped to “knock heads together” to settle. It is very valuable.

It is like having a free top barrister’s opinion because you hear from the judge who says “I am not your judge, but if I was your judge this is the Order I would make”.

One plays very close attention to what the FDR judge says. It is often useful to compare what he says with what advice you have received to date and that is often a good test of the quality and experience of the legal advisor, because the closer advice was what the FDR judge says, the better job he generally will have done, subject to the Judge going “Off the wall”.

If everything is agreed the Court Order can be signed and sealed there and then, and the case is over.

If it cannot be agreed, the judge will often say come back in the afternoon after discussions, (a good plan with everybody being in the same building,) but if agreement cannot be reached he will then give directions for the final hearing.

This might be ordering bundles dealing with witnesses and how long the case will take.

Take early expert advice to get the best out of an FDR hearing. With that advice it is sometimes possible to attend yourself, without a lawyer to save significant cost.