Pressures on court time and the increasing use of remote courts over the COVID-19 pandemic have led to the increasing popularity and success of Private FDRs within (and instead of) financial remedy proceedings within the last 5 years.
A Private FDR is a ‘without prejudice’ hearing which can be used for financial remedy cases on divorce, and Schedule 1 to the Children Act 1989 cases, where a privately appointed ‘judge’ (evaluator) indicates the likely outcome of a case and order that a judge will make at final hearing within the court system.
Private FDRs have received judicial encouragement nationwide, and there is an increasing emphasis on their use where possible and case-law has confirmed that attending a Private FDR is an ‘exceptional reason’1 for dispensing with a court FDR.
As we become accustomed to another way of practising, which is not regulated or subject to the same scrutiny, as say, appointment to the judiciary, are we, as a legal profession doing enough to make sure that the way that we approach Private FDRs is balanced and unbiased?
Read my article for Financial Remedies Journal here to find out more
Picking up the pieces 
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