Private Financial Dispute Resolution (Private FDR)

Private Financial Dispute Resolution (Private FDR) is a non-court-based service designed to help resolve family finance disputes efficiently. It follows the format of a traditional Financial Dispute Resolution (FDR) hearing but is conducted privately, offering greater flexibility, expertise, and time allocation.

What is a Private FDR?

A Private FDR is a structured negotiation process where an independent third party provides an informed opinion on the likely outcome of a case, guiding both parties toward an agreement. Unlike court-based FDRs, private FDRs allow:

• Choice of judge – parties select a specialist with relevant expertise.
• More time – a half day, a full day (or more) for discussions, unlike the limited court time.
• Thorough preparation – the judge reviews the case in detail before the hearing.
• Flexible scheduling – can take place at any stage of proceedings or before they begin.
• Less formal setting – a comfortable venue with space for private discussions.

Why choose a Private FDR?

Private FDRs eliminate the stress and unpredictability of court hearings while maintaining the benefits of judicial guidance. A key advantage is the ability to select an expert with specific knowledge of financial remedies law. Additionally, parties benefit from a dedicated half-day or full-day session, rather than the standard one-hour slot typically assigned in court, giving ample time for discussions and negotiations.

A Private FDR is a voluntary process that can be scheduled at any time - before, during, or after court proceedings. If further time is needed, the session can be extended or continued on another day, without relying on court schedules.

Expert facilitator: Jonathan da Costa

Our Private FDRs are conducted by Jonathan da Costa, a highly experienced financial remedies specialist with 35 years of expertise. Based locally in East Kent, Jonathan has an in-depth understanding of financial disputes and the complexities of family finance cases. His extensive background ensures a fair and well-informed approach to helping parties reach a settlement.

The Private FDR process

Preparation – once a legal expert is appointed and a date is set, both parties exchange without-prejudice offers to outline their positions. A position statement, financial details, and key documents are submitted for review.

Hearing day – each side presents their case, and the judge provides an opinion on the likely outcome, helping facilitate negotiations. Without-prejudice offers may be exchanged in an effort to reach an agreement.

Settlement or next steps – If an agreement is reached, it is formalised into a court order. If no agreement is reached, parties may choose to proceed with litigation or arbitration.

Cost-effectiveness and efficiency

Private FDRs are a cost-effective alternative to lengthy court proceedings. By investing in early resolution, parties can avoid excessive legal fees and the emotional toll of prolonged disputes. This process provides clarity, efficiency, and a higher chance of settlement, making it an increasingly popular choice.

Pricing

Full Day: £2,000 + VAT

Half Day: £1,250 + VAT

Boys & Maughan usually hosts its Private FDR’s in India House, Margate, a charismatic Grade II* listed building with private parking, near the Old Town and Main Sands. On hearing days, two break out rooms are available, and refreshments can be arranged, although you may prefer to take in the sea air and visit one of our excellent local cafes. We can also arrange facilities at our office in Castle Street, Canterbury. Centrally located, this office has nearby Canterbury City Council parking and two meeting rooms.

You are welcome to contact Jonathan directly by phone on 01843 269341 or by emailing Jonathan da Costa.