This guide explains how the private Financial Dispute Resolution process works, and provides tips and traps for the private FDR evaluator as well as for the parties.
Private Financial Dispute Resolutions are increasingly being seen by practitioners as the way forward, as the long wait times for court listings, and lack of time when there, makes the court process less and less appealing.
As the President of the Family Division says in his Foreword:
'I stand as one with my predecessor, SirJames Munby, in hoping that all family judges will take the opportunity to develop and encourage the use of private FDRs; this very accessible booklet should greatly help in that task.'
This guide explains how the private FDR process works, lists its advantages and perceived disadvantages, and gives expert advice on how best to prepare for and manage the hearings for all those involved (representatives, evaluators and parties).
Private Financial Dispute Resolutions: A Short Guide editors
Sir Hugh Bennett
Sir Hugh Bennett was called to the Bar in 1966 and took silk in 1988. He was appointed as a High Court Judge in 1995 and assigned to the Family Division where he conduced many financial cases. After his retirement from the Bench in 2010 he was a member of the Courts of Appeal of Jersey & Guernsey until 2015. He also returned to his former chambers at Queen Elizabeth Building in London from where he conducted many private FDRs over a period of 8 years. Her has now retired from any further private work.
Duncan Brooks is a barrister specialising in the financial aspects of family law, practising from Queen Elizabeth Building. He is recommended as a leading junior barrister by Chambers UK and the Legal 500. He was appointed as a Deputy District Judge in 2010 and has been a Family Arbitrator (MCIArb) since 2013 (in which capacity he has delivered 14 awards). He regularly appears at private FDRs, both as a barrister and as the neutral evaluator.