The court process is designed to reduce delay, limit costs and increase the prosects of a party reaching a negotiated settlement. It involves up to three court hearings:
- The first court hearing is known as the First Appointment (FA) at which directions are given for the steps that are required to take the case forward. Common directions provide for the production of documents, answers to questionnaires, valuation of properties etc.
- The second hearing is known as a Financial Dispute Resolution Hearing (FDR). It is a court assisted negotiation process focused on finding a settlement without the costs of a fully contested hearing and when offers are known to the court. At an FDR the Judge ‘predicts’ what would happen if the case went to a final hearing, but can only make an order by agreement. Both parties must attend both hearings unless the court allows you not to, which is rare.
- In the event that the case does not settle at an FDR the case will be listed for a final hearing at which a Judge will hear evidence from the parties and make a final order. The FDR Judge cannot have any further involvement in the case, save to make directions. This is because they have been informed of the parties negotiating position.
