Alternative Dispute Resolution Options (ADR)

• Published date: 24 January 2023
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Law Firm: Herrington Carmichael
• Author: Penny Marshall

How to settle it 'out of court'

The family courts are currently under extreme pressure, with insufficient staff and judges, causing a backlog of work and growing delays. As such, more than ever, it is worth considering how to resolve financial disputes arising from a relationship breakdown, out of court.

Mediation

If "Kitchen Table" discussions are not an option for you, we would recommend that you consider attending mediation. A mediator will help you and your partner communicate, with a view to agreeing an outcome between you than can then be made into a legally binding order without having to attend court.

Private hearings (out of court)

Rather than having a court-based hearing in front of a judge, your case may be suitable for a private hearing, before a barrister or judge, in their private chambers or some other agreed non-court location.

Such hearings can replace court-based "Financial Dispute Resolution" hearings, known as FDRs and also Final hearings.

An FDR is a hearing at which the parties present to the judge all the facts and figures in their case and invite the judge to give an indication as to what, in their view, a fair outcome might look like. The indication will be non-binding but it is often accepted by both parties as the best way forward and in those circumstances, can be made into a legally binding financial order.

One advantage of a Private FDR is that the parties choose the judge and the date and there is no need to wait "in line" for a court listing. This can save considerable time. Another advantage is that the hearing will be completely...