We have all been there. You come away from the First Appointment (FDA) with a sensible order and a listing direction for a Financial Dispute Resolution hearing (FDR) on the first date after six weeks. You explain to your client, who is anxious to have the case end, that this is more than enough time to get together everything that the Court has asked for so that the FDR can be effective and for them to have the best chance to settle without the need for a final hearing.
Then it happens; the notice of hearing arrives from the Court and you discover that in fact your FDR has been listed in three, four, five or perhaps even six months. Your client is distraught at the thought of the emotional and financial costs of a further half year without resolution. You console them and explain that while it is not in any way ideal, the extra time will let you prepare everything in forensic detail. The client sees the wisdom in your advice and, putting their disappointment behind them, throw themselves into getting everything you ask for.
Catastrophe strikes. On the eve of the FDR, you receive the dreaded e-mail / order which reads ‘due to judicial unavailability the FDR is vacated’. The cycle begins anew.
Or perhaps you do not receive a cancellation notice and your FDR remains listed. You turn up at Court with your client and Counsel with the intention of doing all you can to settle the case. Unfortunately, your case is in a busy list. Despite the best efforts of both Counsel following the Judge’s indication it does not prove possible to settle the case on the day. This will mean that, unless the parties are able to settle the case between themselves, you will need a final hearing. Almost inevitably this will require a time estimate of one or more days and given it may have taken six months for an FDR listing, a considerable period will no doubt lapse before the final hearing.
Now, perhaps the above tale of woe is a little far-fetched, however there is no doubt that the issues at the various stages of proceedings as described do happen. There is, however, a way to avoid such risks.
A private FDR (pFDR) follows a similar format to a Court FDR, save that instead of a Judge, the parties appoint an Evaluator who acts in the role of a Judge. The Evaluator receives the papers and then over either a half day or a full day session, endeavour to assist the parties (who attend with Solicitors and/or Counsel as they would at Court) to reach settlement. Evaluators are experienced financial remedy practitioners who often also sit as Judges.
The benefits are many. The Evaluator only has your case, not four or five others as a Judge would and so they will be able to focus for the entire day on your issues without distraction. Other than the broad framework of the session (half day or full day) there are no timing restrictions. Evaluators will have read all of the papers in advance and so will be fully appraised with each of the issues on which the parties will need assistance. Importantly, the parties can schedule a pFDR when they want and with the Evaluator they want, rather than having to take pot luck with a court listing.
It is correct to say that Evaluators will charge a fee, which is usually split equally between the parties unless they agree otherwise. Although at first glance this would seem to be adding costs, in fact, when considering the life of proceedings, a pFDR is often much less expensive overall. Settlement rates are higher than settlement rates in traditional Court FDRs and so any costs post a successful pFDR are minimal. In that sense, the Evaluator’s charges are likely to be insignificant when set against the costs of a fully contested final hearing.
Here at Trinity Chambers, we have a number of experienced pFDR Evaluators who all practise in financial remedy proceedings and all of whom hold or have held judicial office. Our team are therefore familiar with financial proceedings from both sides and will do their utmost to bring a successful resolution to your case. We have superb facilities at Chambers and can host pFDRs, alternatively out Evaluators are happy to travel to a location convenient to the parties. We also do not believe in a fixed fee structure and are always happy to discuss tailoring our services to the client’s requirements and budget.
If you would like to find out more about our pFDR services or our Evaluators, please contact Keith Wilmore, Chambers’ Head Clerk, who will be delighted to assist.
David Stevens