Support for Dispute Resolution

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.

Arbitration

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.