In Family Mediation Week, it is important to consider the benefits of resolving divorce or dissolution of civil partnership decisions, without recourse to the Courts which are already dealing with a significant backlog of cases.
When couples decide to split, a significant effort can be expended in finding a resolution that proves acceptable to both parties, when dealing with the financial matters that arise. If they are unable to reach agreement themselves, then they will have to make an application to the Court. In this Mediation Week, we also look at other “out of court dispute resolution” models that will be explained at the first appointment with the mediator.
Potentially, making an application to the Court could involve three different hearings: a directions appointment, a financial dispute resolution appointment (FDR) and a final hearing.
If all necessary financial information is readily available, then typically the directions appointment will become an FDR hearing, when the Judge will give the parties a neutral opinion of the likely outcome if matters proceed to a final hearing.
The concept of the FDR is not only to reduce conflict, but to avoid a final hearing, which can lead to significant additional legal fees. However, if the parties are intent on a final hearing the Judge will impose an Order and it’s likely neither party will be happy, with one believing the other has come out ahead.
Why choose to go private for mediation?
Now though, couples can choose a private FDR hearing, which can be arranged much sooner than a Court appointment and allows them to avoid lengthy delays in getting their case resolved – always helpful when trying to reduce friction between the parties.
A private FDR follows the same approach as an FDR hearing, but crucially takes place outside the court process, although it is heard by a specialist Solicitor, Barrister, or retired Judge.
The individual selected will be the “private Judge” for the entire day and they will therefore have ample opportunity to read the case papers and they will be a specialist in family law, which is not necessarily so in ordinary Court proceedings.
The couple can have their own legal representatives present to speak on their behalf and they will not have to give oral evidence as they would be required to at a final hearing in Court.
Importantly, the success rate of private FDRs is significant, about 80% being resolved by mutual agreement.
At a private FDR, the couple will choose their own ”private Judge”, and will usually each pay half of their fee. To help lessen the stress inherent in the process, the hearing can be held at a less intimidating venue than a Court and can even be conducted remotely.
Private FDRs are suited to couples who hold very different positions regarding any financial settlement, but want to reach an agreed settlement if possible. The expert guidance of an experienced neutral third-party can help them achieve an equitable solution, without the stress and expense of Court proceedings.
Although the “private Judge” will work closely with both parties to deliver a fair solution, unlike arbitration, the outcome from a Private Financial Dispute hearing is not binding, but is intended to aid settlement and reduce the legal expenses of the parties involved.
If you are considering an end to your relationship with your partner and would like to discuss the benefits of Family Mediation, including Private Financial Dispute hearings, or wish to speak to a solicitor experienced in Family Law matters, please get in touch with us here at Buckles and start planning the next chapter of your life story.
