A private FDR is a settlement meeting for financial disputes after separation or divorce. An experienced ‘neutral’, often a barrister, retired or part time sitting judge, hears both sides set out their positions and then gives a view on what a Court might do. The idea is to give the parties a clear steer, narrow down the issues and create space for realistic and pragmatic settlement discussions.
Areas of Expertise
- Divorce and Separation
- Financial Settlements
- Property Division
- Pensions
- Business Interests
- Children Arrangements
- Trusts of Land and Appointment of Trustees Act (ToLATA)
A Private Financial Dispute Resolution (FDR) hearing is one of the most effective forms of Alternative Dispute Resolution (ADR) for separating couples who need to reach a financial settlement. It mirrors the Court-based FDR process but takes place privately, allowing for greater flexibility, privacy, and control over timing and costs.
A Private FDR is a confidential settlement meeting held outside the Court system. An experienced ‘neutral’, usually a senior barrister or former or sitting part-time judge, will review the evidence and give an impartial indication of the likely outcome if the case were before a Court. The parties then use this guidance to negotiate an agreed settlement.
Private FDRs are increasingly used in divorce, separation and civil partnership dissolution cases as a quicker, more flexible, and more confidential alternative to a Court-listed FDR. They allow the parties to choose who will hear the case, set their own timetable, and create a more constructive environment for resolution.
At Trinity ADR, many of our barristers sit part-time as judges, and/or are accredited mediators and arbitrators, so regularly conduct private FDRs across a range of family-related cases. With their extensive experience in family law, they can ensure that the process is realistic, fair, and focused on settlement.
Private FDR — FAQs
What is a private FDR and how does it work?
How is it different from a Court FDR?
The process is very similar, but the big difference is timing and flexibility. Court FDRs are determined by the Court’s timetable, which can mean long delays. A private FDR can usually be arranged much sooner. The parties also choose who deals with the private FDR, set the date, and decide how the day will run, including remotely online, or outside of working hours if required. That makes it less rigid and often less stressful.
Is the neutral’s view binding?
No. The indication given at a private FDR is not binding, but most couples find it persuasive. Often, the guidance helps narrow the issues and makes settlement more likely. If an agreement is reached, it can then be turned into a binding Court order.
Usually, the separating couple, their solicitors or barristers, and whoever is hearing the private FDR. Everyone comes together for part of the day, but there are also separate discussions with each side. It is a confidential process, so nothing said can later be used in Court if the case doesn’t settle.
The parties agree to have a private FDR and then appoint a ‘neutral’. Our clerks at Trinity ADR can suggest suitable barristers or judge-like neutrals and handle the practical arrangements. Once fixed, the parties prepare the financial disclosure and position statements, much like they would for a Court FDR.
Can a private FDR take place online?
Yes. Trinity ADR offers both in-person and online private FDRs, using secure video conferencing platforms. This provides flexibility for clients and advisers based in different locations.
What happens if we reach an agreement?
If an agreement is reached, it can be documented and submitted to the Court for approval, becoming a binding Court order. Our barristers can assist with drafting or liaising with solicitors to formalise the agreed terms of settlement following the private FDR.