Would you like to consider an early settlement of your case without recourse to a court process, or are you stuck in a court process that is taking too long and/or hearings are being vacated and relisted for 2022?
Whether or not you are engaged in a court process, we can guide you to resolve remaining issues in dispute using a voluntary process known as Early Neutral Evaluation or a Private Financial Dispute Resolution Hearing.
Agreement to the process needs to be provided by both parties and a mutually agreed Judge is appointed. The “Judge “will be an experienced family solicitor, barrister or District Judge with standing. The Judge will indicate, based on the information and disclosure provided, the type of order that is likely to be made if the matter were being heard as a final hearing.
The Hearing or Evaluation is likely to take half a day to a full day and can be successfully conducted remotely with both parties setting out their positions and the Judge listening and determining what appears the fairest solution within the remit of the law.
This is an excellent alternative to a FDR hearing in a court process as post- pandemic, the court backlog and judicial availability is such that hearings are often listed a long time in advance and are subject to being taken out of the list and relisted at the last minute, after preparation work has been incurred.
A Private FDR allows you to choose the timing, forum and Judge to deal with the matter so you have the security of knowing that an experienced family lawyer will be assessing both cases objectively with an eye to working towards a resolution.
An Early Neutral Evaluation is a valuable tool and works along similar lines at the start of the process and would be a good alternative to issuing proceedings, unless of course there are pressing reasons to issue such as the need for a court order or injunction.
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