What is a Private FDR (pFDR)?
A pFDR is an appointment between the divorcing parties, their lawyers (if they have one) before a specialist divorce lawyer (who may have experience as a part-time judge, arbitrator or mediator). That specialist lawyer will act as a “private FDR judge” exclusively for your benefit. The pFDR will then hear both sides arguments and give a strong indication as to how (s)he thinks the parties should settle the case, and what might happen if the case were to go to court.
What happens in the court process?
For divorcing parties who go to court, normally they have to wait a few months for a First Appointment. After that, they would then have to wait several more months for a traditional FDR hearing. That FDR would then be before a District Judge who would have several other cases in their list, and would only be able to give very limited time to your case. It is not unheard of, for cases to be adjourned at the last minute because, for example, there is no judge available to hear your case, which adds further delay to the process.
What are the advantages of the pFDR process?
- No delay – no one is waiting months for a court hearing. You and the other party can have a pFDR when you both agree. This could be before proceedings or after they’ve started. You both decide. No one is bound by the court’s timetable;
- A whole day to yourselves to be heard and then to negotiate at a venue of the parties’ choice. You would each have your own waiting/meeting room to talk to your advisor;
- Less stress: the pFDR judge would ensure that the atmosphere is calm but professional, with some of the formality of a court setting. The surroundings are likely to be more pleasant than at a normal Family Court;
- More flexibility in relation to documents. Your pFDR judge will have much more time to read the documents relevant to your case, and will have more time to give an indication or even a “mini-judgment”.
- A choice of specialists to go to. At 2 DRJ we have a number of experienced divorce practitioners who have represented clients from all backgrounds, from cases with limited assets to cases of high-net worth. We are very good value for money, straight talking and realistic.
- If you and the other party reach a deal that day, then the case is finished. You and your lawyers would simply draft the deal into a formal order and send it to the court to be dealt with by consent and online. There is no need for anyone to go to court.
Who are our “pFDR Judges”?
All of them have a vast amount of experience in this area of law. Fees are to be agreed with the clerks but which will reflect the complexities of the case.
