METHODS FORALTERNATIVE DISPUTE RESOLUTION

ADR, FDR, ENE, NDR, Arbitration, Mediation, NDR, DRA…

FDR and ENE at Court

Financial remedy proceedings are proceedings that follow the dissolution of a marriage and are aimed at the fair distribution of the parties’ assets. FDR is usually a hearing before a judge when much of the necessary disclosure has been made available. The purpose of the hearing is for the judge to provide a steer on the likely result if the matter were to proceed to a contested final hearing in the Family Court.

ENE is a relatively new court-based civil version of FDR, designed to achieve the same result as an FDR. It is a judicial-led settlement meeting, where indications are given on the evidence available, including submissions from parties’ representatives, and regular breaks where parties have time to discuss the indications. Court-based ENEs are not offered very often, depending on judicial availability and where it is considered likely to be effective.

Private FDR/ ENE

A private FDR or ENE does exactly what a court-based process aims to achieve. However, it is arranged at a time convenient to the parties as soon as disclosure requirements have been fully complied with, without reference to court listing difficulties.

Unlike a court-based appointment, only one case is listed on the appointment date. The obvious advantage to this is that the private FDR/ ENE judge is in a position to provide their undivided attention to the parties’ case. Further, the parties can choose a convenient date and time that will not be “bumped” by a Court, and will have the luxury of time in attempting to narrow the dispute, as opposed to the pressures that are often placed when at court.

The benefits to the lay parties of settling cannot be overstated. Not only will the parties potentially avoid the need to incur further costs in proceeding to a final hearing, but they can agree to terms that may be outside what a court can ordinarily order.

Your private FDR/ ENE judge in Guildford Chambers will ensure that parties not only know what to expect on the day, while tailoring to their particular needs, but also endeavour to guide you in a nuanced and sensitive manner as to possible range of settlement terms.

Mediation

Mediation is a led by the parties, and is designed to be facilitative, and entirely neutral. The mediator will not provide an opinion about the evidence or the law but will help the parties narrow the issues by exploring the strengths and weaknesses of both sides. Mediation is a cost effective way to achieve a resolution and can provide a wider scope of remedies and solutions that a trial cannot.

Importantly a settlement after mediation is far more likely to preserve the relationship between the parties. It is a shift from adversarial fighting to collaborative problem-solving. Judges often warn parties that there is a rarely an out and out winner in litigation. Mediation also offers the benefit of certainty, where a trial win could be subject to two rounds of appeal and years of litigation.

The mediation facilities at Guildford Chambers are well set up for mediation. There are two private conference rooms, and a larger room if everyone feels comfortable having joint sessions throughout the day. If either party has any anxieties about coming face to face with the other side, the mediator can conduct shuttle mediation.

Private DRA

A Dispute Resolution Appointment (DRA) is similar to an FDR, save that it takes place in private Children Act applications. Often times, a DRA is listed once expert reports, either from a single jointly instructed expert or from CAFCASS/the local authorities, are available.
As in the case of a court-based FDR, the court service routinely lists 3 or 4 DRAs per half day. The tribunal dealing with applications will clearly have very limited time to consider the matter and even less time to consider the papers filed. Increasingly, the courts are holding “blitz days” where a very large number of cases are listed, sometimes before the necessary material is available, in an attempt to clear the backlog. On such hearing days, the tribunal has even less time than usual to consider the material before it.

A private DRA in Guildford Chambers will be the sole hearing taking place that day. It is listed with the lay parties’ and their legal teams’ availability at the forefront. Your private DRA judge will have the opportunity to consider the papers carefully and give ample time for the parties or their representatives to make submissions, before providing a guide as to the range of reasonable settlement routes.

People

We have several members who can act as judges in these proceedings or represent your client. If you want further information, please contact Simon or Gavin who will be able answer any questions you may have.

The recent refurbishment of our building means that we can now offer well-appointed rooms with high-speed AV connections for use during private FDRs, DRAs and ENE.

ENE and Mediation in Civil and Chancery 

• Rowan Morton
• Christopher McCauley
• Laura Smallwood

Private FDR hearings

• Dominique Gillan
• Christian Mitchell
• Fiona Griffin
• Victoria McLaughlin
• Nicola Holland
• Suzanne Kelly
• Nikola Nothnagel
• Ruth Matthews
• Kane Deitsch
• Holly Parker
• Olivia Crego-Bustelo

Private DRA hearings

• Dominique Gillan
• Christine Julien
• Sophia O’Hagan
• Christian Mitchell
• Fiona Griffin
• Victoria McLaughlin
• Nicola Holland
• Sarah Moon
• Suzanne Kelly
• Nikola Nothnagel
• Ruth Matthews
• Kane Deitsch
• Holly Parker
• Olivia Crego-Bustelo

Judges for FDR’s & DRA’s

• Dominique Gillan
• Christine Julien
• Sophia O’Hagan
• Christian Mitchell
• Fiona Griffin
• Nicola Holland
• Sarah Moon
• Suzanne Kelly