Last updated: July 2026 | Jurisction : England and Wales | Estimated reading time: 5 minutes
In financial remedy cases, the Financial Dispute Resolution hearing is a key stage. It is a “without prejudice” hearing at which the parties are expected to roll their sleeves up, negotiate and focus on settlement. What happens at the FDR stays at the FDR; neither party can refer to settlement proposals after the event if the case goes to a final hearing.
At court, financial remedy cases have less priority than cases involving children, and all cases are subject to significant delays, including last-minute adjournments. The court system has for some time been a slow, expensive and unpredictable beast. Increasingly, judges have less time to spend on cases and to prepare, and attending court is rarely a comfortable or pleasant experience. To counter this, family lawyers have developed a parallel process designed to mitigate the worst excesses of litigation.
How does a private FDR hearing work?
If the parties agree, they can step out of the court process and arrange a “private” hearing themselves.
The private process mimics a court hearing; documents are prepared, lawyers address a judge who then gives a sign of how the law applies and the outcome likely if the case went to a final hearing.
Rather than attending court, where there may be few private rooms and little time available, the private FDR hearing is usually at the office of a barrister. This is frankly a much more pleasant experience than going to court.
The parties agree who the judge will be in advance- an experienced lawyer who may sit as a part-time judge. The judge will only deal with your case, unlike at court, where your case is one of many considered that day. You can have total confidence that the judge will have received and had time to read the papers in advance, time to prepare your case thoroughly. You can no longer assume this when a case goes to court.
The Private FDR: preparation and hearing
The preparation mimics that for a court-based FDR; the parties agree a bundle of relevant documents, and both make offers of settlement. Flexibility is key; the parties are centre stage, while at court, you are “competing” with the other cases in the judge’s list, for a finite amount of time.
Having read the papers, the judge will comment on the offers and give an opinion as to the outcome if the case went to a final hearing. The parties will then have time to consider this and negotiate.
If a particular issue is proving a stumbling block, the judge can provide their view on this. This is not always possible at court; often a Judge has not had the time to reads the papers sufficiently to do so and is not prepared to give a sign.
The court-based FDR offers a reasonable chance of succeeding: this is enhanced significantly in the private setting. The circumstances are far more conducive to settlement than the court process.
If the case settles, the order can then be drafted, signed and sent to the court for approval by a Judge.
If this does not happen, the private FDR judge will supply a written summary of the matter, the offers made and their indication, and the case reverts to the court system. This can be a useful reference point if you don’t reach agreement.
What are the timescales?
This is a key advantage: the timescales compared are extremely favourable. We can arrange a private FDR hearing in a matter of weeks; the only limitations being the availability of the agreed judge and the time it takes to prepare the papers necessary to deal with the case.
It can take anything up to a year from the start of a case to reach the FDR stage at court.
What are the costs involved in a pFDR?
The cost of a private FDR varies depending on the judge chosen and the length of the hearing, and this is paid for by the parties rather than the state. It's worth weighing this against what a court-based route actually costs over time: solicitors' fees for the months, sometimes the best part of a year, spent waiting for a court FDR date, plus the cost and stress of a final hearing if the case doesn't settle. For many, the early resolution a private FDR can bring, along with the certainty and control it offers, more than justifies the outlay. Fore more information on possible costs, visit our fees page.
What are the disadvantages of a pFDR, if any?
The only downside is you must pay for the cost of a private FDR judge. But you must take a broad view of this: the costs of keeping a case with solicitors for anything up to a year before the court FDR are high, plus what price early settlement? How do you quantify the early resolution of the case and avoiding having to go to a final hearing?
If you wish to find out more about how we can help you during this process, please call 020 4579 5360 or contact us here.
Frequently asked questions about a private FDR hearing
Is a private FDR legally binding?
The judge's indication given at a private FDR is not binding, and either party remains free to proceed to a final hearing if they choose not to settle. If the parties do reach agreement, it becomes binding only once it has been drawn up as a consent order and approved by the court.
Who acts as the judge at a private FDR?
The parties agree in advance on a senior solicitor or barrister experienced in financial remedy work to act as the private judge. Unlike at court, this judge deals only with your case, giving them time to read the papers thoroughly and prepare in advance.
Can we ask for a private FDR at any stage of our case?
In most cases, a private FDR can be arranged once both parties have exchanged financial disclosure, whether or not court proceedings have already been issued. It requires the agreement of both parties, and where proceedings are already underway, the court's permission to convert the listed FDR into a private one.
Does a private FDR replace the need to go to court altogether?
Not entirely. If the case settles, the agreed order still needs to be sent to the court for a judge's approval, and if it does not settle, the case reverts to the standard court process for a final hearing.
