Private FDR – Frequently Asked Questions – Covid 19 and beyond

Given the understandable delays in the Court system brought on by the Covid-19 crisis we have seen an unprecedented number of enquiries about our Private FDR service.  Even more so following the encouragement of the judiciary both locally Financial Remedy Work During Lockdown  and nationally Presidents Guidance Covid 19 for parties to consider Private FDRs as a means to resolve their cases.

To assist those who are considering a Private FDR we list below some of the questions our clerks are being asked most frequently:

  1. How much does it cost?

At Magdalen Chambers we pride ourselves in making the legal process accessible.  We offer a range of options tailored to the level of complexity of each case.

In most cases an experienced Private FDR Judge can be provided for between £1,000 and £2,000 for the day.  This cost is shared between the parties unless otherwise agreed

  1. How quickly can the Private FDR take place?

Subject to availability a hearing can normally be arranged within two weeks – complex cases will, as a rule, require longer to prepare.  However where there is an urgent need for matters to be resolved quickly every attempt will be made to assist the parties to do so.

  1. Can the hearing be conducted remotely?

All our Private FDR Judges and Barristers are able to work remotely.  We find that the most effective way to conduct an FDR is by one of the available video platforms.  The parties will generally just require access to a computer and broadband.  Our clerks will speak to both parties to identify the best platform to work on.

  1. What if one party is unable to use video-conferencing technology?

We have video-conferencing facilities in Chambers available upon request to parties taking part in a Private FDR organised by Magdalen Chambers.  Use of the facilities will be subject to strict safety criteria which will be discussed with the party upon request.

  1. How long will the Private FDR last?

Like the ideal court based FDR a Private FDR will normally be scheduled to start early in the day.  Unlike a court based FDR the Private FDR Judge will then be available exclusively to the parties for the whole day.  To maximise the chances of settlement the parties should also make themselves available all day.  On occasions where a second day of input would be of benefit this can be arranged.

  1. What if one of the parties has to work Monday to Friday?

We understand that during the national Covid-19 crisis those who are currently able to work may find it difficult to take time off.  Therefore whilst the current situation persists our Judges and Barristers are available to work outside of the traditional Monday to Friday working week where necessary.

  1. Is every case suitable for a Private FDR?

The aim of an FDR is to find a way to settle proceedings by consent.  In the current economic climate the future may simply be too uncertain for the parties to reach an agreement.  This can be discussed with the Private FDR Judge before a booking is made.  Alternatively parties may wish to have the input of a Private FDR Judge to settle some of the issues in a case whilst leaving other issues to be resolved after the crisis has abated.