Early Neutral Evaluations (or Private FDRs) and How They Can Work for You
Early Neutral Evaluations / Private FDRs are gaining popularity in England and Wales due to the backlog of hearings the Court are experiencing.
What is an Early Neutral Valuation?
Early Neutral Evaluations or Private Financial Dispute Resolution Hearings (Private FDRs) allow separating couples to hire a 'judge' or a neutral evaluator privately for a day who will review all the financial information the couple has provided and hear the case. The 'judge' or evaluator will then provide them with a clear indication of the likely outcome should they proceed to a final hearing. Throughout the day, the parties are provided with opportunities and actively encouraged to negotiate to reach an agreement between themselves.
Much like a Court Financial Dispute Resolution Hearing, an Early Neutral Valuation or Private FDR is 'without prejudice', which means that nothing said or heard during the Early Neutral Evaluation will be heard by the Court, if a settlement can't be reached on the day. If the separating couple cannot reach an agreement, they will not be bound by the negotiations or indications made during the Early Neutral Evaluation or Private FDR.
Why choose Early Neutral Evaluation?
Early Neutral Evaluations/Private FDRs are gaining popularity in England and Wales due to the backlog of hearings the Court are experiencing. Separating couples can expect to wait months for formal FDRs to be listed in the Court, whereas Early Neutral Evaluations can be arranged at a time and date convenient for them. This allows for proper planning, both by the couple themselves but also their legal representatives and the legal professional who will be acting as the 'judge'.
Early Neutral Evaluations are not held in Court but in a more comfortable setting such as a solicitor's office, barristers chambers or conference facility. This can help alleviate some of the pressure and high stress out of the day. Many feel that Early Neutral Evaluations allow each party to relax as much is as possible, making it easier to reach an agreement without the additional stress of attending court.
Choosing your evaluator
The private 'judge' or neutral evaluator will have time in advance of the appointment to consider all the information. Unlike the Court process, they will be available to the separating couple for as long as necessary on the day. The 'judge' for the day will only be focused on the case at hand and will be able to give the matter their full attention to give a realistic indication of the outcome of the case.
Although the indication from the 'judge' is not binding, it is likely to lead to the separating couple reaching an agreement, or at the very least to narrowing the outstanding issues.
The separating couple can choose who they want to instruct as the 'judge' for their Early Neutral Evaluation/Private FDR. This includes anyone with relevant experience in family law financial remedy cases, such as barristers, solicitors, chartered legal executives or retired judges.
Benefits of Early Neutral Evaluations/Private FDRs
- The separating couple can select their 'judge' or neutral evaluator, giving them greater control than they would have in the Court process.
- The separating couple can choose a mutually convenient date, time and location and may take as many breaks as are required throughout the day.
- Usually, the Early Neutral Evaluation/Private FDR is held in an environment that is less stressful and more comfortable than the Court.
- Whilst the separating couple will need to privately finance the 'judge', an Early Neutral Evaluation typically proves more cost effective than the Court process. This is because the parties are encouraged to negotiate a settlement between themselves or clarify issues early on.
How Can We Help?
As well as conventional legal representation, we have a trained collaborative lawyer and mediator within the team who can, if the case is suitable, assist in supporting parties in other methods of dispute resolution.
We can offer experienced legal representation during an Early Neutral Evaluation or by providing a safe, comfortable, and spacious location to host the day.