Support for Dispute Resolution
Alternative Dispute Resolution (ADR) and particularly in the form of private FDRs and Arbitration, have seen a sharp increase as opposed to taking your matter to Court – which can incur unnecessary costs and many months of delay. Mediation remains another helpful form of ADR that can be successful in appropriate cases.
FDR (Financial Dispute Resolution)
FDR is reference to the Financial Dispute Resolution hearing encountered within court proceedings. The Judge’s task at FDR is to help the parties compromise an agreement, using their experience and indications to focus the negotiations and hopefully, enable the parties to find a pragmatic middle ground. Whilst very helpful, the Court FDR was often handicapped by the pressures on the Judge, with a busy list meaning that the Judge would only have time to glance through the papers and a finite window in which to assist the negotiations. Further problems include that some FDRs would be listed before part-time Judges with very limited knowledge of family work and whilst ready to proceed, parties could be waiting many months for their hearing to arrive.
We have encouraged and acted in many cases where we have organised the FDR privately, with a Judge that is appointed by the parties (and therefore a specialist Solicitor, Barrister or retired Judge in this field). A whole day can be allocated so that there are no pressures from other cases and on a date that is convenient for all. The process is completely confidential and the Judge will read all of the papers before the day, so that they are familiar with every aspect of the case and consequently, they are best able to assist the parties in resolving their dispute.
The private FDRs that we have organised have had a high success rate, with final orders secured on paper through the Court to mirror the terms that have been agreed. We can provide further information, advice and support on the private FDR process if it is something that you would like to consider.
With Arbitration, the parties acknowledge that they need a decision to be imposed and their Arbitrator is appointed jointly. Therefore, the Arbitrator is specialist in the relevant field of family work (with many also sitting as part-time Judges). The Arbitrator can be tasked with determining the whole dispute or the issue that is frustrating negotiations. That resolution can be following a hearing, or just on paper. The process is confidential and organised to the parties’ convenience, meaning that Arbitrations can be resolved quickly. Ultimately, there is the flexibility to tailor the Arbitration to the specific needs of the parties. Arbitration can be equally effective in both children and finance cases.
We have supported and advised clients through the Arbitration process and with positive results and feedback. We can provide further information, advice and support on the Arbitration process if it is something that you would like to consider.
How can we help you today?
What is dispute resolution?
Dispute resolution refers to the process of resolving disputes between parties through methods such as negotiation, mediation, or arbitration. The goal of dispute resolution is to reach a mutually acceptable resolution that is fair and efficient.
What are the different types of dispute resolution?
The different types of dispute resolution include negotiation, mediation, arbitration, and litigation. Negotiation is the process of communicating with the other party to try to reach a resolution. Mediation is a process where an impartial third party helps the parties to reach a resolution. Arbitration is a process where an impartial third party makes a binding decision about the dispute. Litigation is the process of resolving a dispute through the court system.
How can I find support for dispute resolution?
Support for dispute resolution can be found through various organisations such as community mediation centres, legal aid societies, and private dispute resolution firms. You can also consult with a lawyer or other legal professional who can provide guidance and support throughout the process.
What are the benefits of using dispute resolution?
The benefits of using dispute resolution include a faster and less expensive resolution, greater control over the outcome, and the ability to maintain relationships with the other parties involved.
What are the drawbacks of using dispute resolution?
The drawbacks of using dispute resolution include a lack of legal expertise, the possibility of an agreement not being reached, and the possibility of an agreement not being legally binding.
When should I consider dispute resolution?
Dispute resolution can be considered when there is a disagreement or conflict between two or more parties that needs to be resolved. It can be used in a wide range of disputes, such as disputes between family members, disputes between neighbours, disputes between businesses, and disputes between individuals.
What happens if a dispute resolution process fails?
If a dispute resolution process fails, the parties may choose to continue the dispute resolution process through a different method, such as mediation or arbitration, or they may choose to take legal action and seek a resolution through the court system.
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Paul Robinson Solicitors is a thriving independent law firm committed to providing exceptional service to clients nationwide, with offices situated throughout London and Essex.
Established in 1983, the firm has steadily expanded over the past 35 years, offering an extensive range of legal services to both personal and commercial clients. The team of highly experienced and skilled solicitors specialises in various fields and is dedicated to providing an outstanding level of service to achieve positive outcomes for their clients. The firm’s cutting-edge technology and efficient systems, together with its support and managerial staff, ensure maximum efficiency, accuracy, and cost-effectiveness.