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Divorce lawyers & divorce solicitors

Sometimes, you can save a lot of time and money by getting an Early Neutral Evaluation of what a court is likely to find in your case

Talk to us today for advice about this intelligent approach to keeping a divorce and separation out of court

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Divorce lawyers & divorce solicitors

Sometimes, you can save a lot of time and money by getting an Early Neutral Evaluation of what a court is likely to find in your case

Talk to us today for advice about this intelligent approach to keeping a divorce and separation out of court

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

What is Early Neutral Evaluation?

It’s often the case that when two parties go through a separation, they can agree many financial aspects, such as the nature and extent of the assets available, but they cannot see eye to eye on ‘who should receive what’.


It may be that one party wants the home and another wants to keep the business or pension, but the precise division cannot be agreed. There may be a discrete issue on things like pensions, but other aspects are agreed.


Early Neutral Evaluation is a form of dispute resolution that involves an early assessment of a legal dispute by a neutral third party, such as a barrister or other lawyer. The aim of early neutral evaluation is to provide the parties involved with an impartial and informed evaluation of their case, typically early in the process to avoid the process escalating further.

 
You may have become frustrated with the process and just want to know what an independent third party might think. In other cases, it can be used more proactively alongside mediation. For example, a third party gives their indication and then you and your ex-partner discuss with the benefit of a mediator the finer points.


Early Neutral Evaluation enables both parties to get insights into the strengths and weaknesses of their respective positions, which means you can make informed decisions about whether to proceed with litigation or explore settlement options. The benefit, in our experience, is that settlement is frequently achieved during or shortly after such a process. 

Frequently Asked Questions

What are the features of Early Neutral Evaluation?

  • Neutral Evaluator - The process involves a neutral third party, often an experienced lawyer, retired judge, or subject matter expert, who acts as the evaluator. This person is neutral and unbiased, with no vested interest in the outcome of the dispute.

  • Early timing - As the name suggests, Early Neutral Evaluation occurs at the beginning of the legal proceedings before significant time and resources are invested in a protracted legal battle. This early intervention is intended to streamline the dispute resolution process.

  • Non-binding evaluation - The evaluation provided by the neutral party is typically non-binding, which means the parties are not obligated to follow the evaluator's recommendations. Instead, the feedback serves as a basis for informed decision making.

  • Confidentiality - The discussions and information shared during early neutral evaluation are often confidential. This allows you and your ex-partner to freely discuss the merits of your case without fear that such information will be used against you in subsequent proceedings.

  • Focus on settlement - While early neutral evaluation may provide insights into the legal merits of a case, it also emphasizes the exploration of settlement options. The goal is to encourage parties to find common ground and resolve their dispute without the need for protracted litigation.

  • Efficiency - Early neutral evaluation is considered a time-efficient process. By obtaining an early assessment of the case, the parties can make informed decisions about the most appropriate course of action, potentially saving time and resources that would be expended in full-blown legal proceedings.

  • Customisation - The process can be tailored to the specific needs of the case. For example, you and your ex-partner may choose to have a neutral evaluator with expertise in the subject matter of the dispute, ensuring a more focused and relevant assessment. Sometimes, each party puts forward their top three choices of evaluator and agreement is reached on which one to use.

What type of family case can Early Neutral Evaluation be used in?

Early Neutral Evaluation is used in many different types of family law cases, not just finances. It provides a valuable opportunity for parties to gain a realistic understanding of their case early on and explore resolution options, promoting a more efficient and collaborative approach to dispute resolution.

Can Early Neutral Evaluation be used during or after the court process has started?

In a case brought before the court for a financial remedy the court process typically involves three hearings. The first is called a First Direction Appointment. This is used to define and narrow the issues between parties.

 
The second hearing is called a Financial Dispute Resolution appointment (“FDR”). These were introduced about 25 years ago when the courts took the first steps to actively assist the parties in achieving resolution. The purpose of this hearing is for a judge to guide the parties on what order he or she would make if they were determining the case based upon the information before them.

 
The judge’s comments or guidance which is not binding can assist the parties reach settlement. In the last few years, the number of FDR’s a judge must deal with in a morning or afternoon has increased and they now typically have two or three to deal with. With the lack of time available the parties sometimes don’t get as much out of the hearings as was initially envisaged. Judges are very capable but with the best will in the world dealing with three types of these cases is a burden.


More recently, however, cases are often removed from the court list owing to what the courts call ‘lack of judicial availability’. In other words, there is no judge to hear the case.

 
You may imagine that having undertaken a lot of work and taken time off work to attend court to have your case considered that having it taken out of the list, at such short notice is frustrating. Where this happens, we often try to again promote the idea of a Neutral Evaluation. Where this happens, lawyers call it a Private FDR, as it is a hearing conducted privately but it is effectively the same as a Neutral Evaluation.

 

What is a Private FDR?

FDR is the term used by lawyers for a Financial Dispute Resolution appointment. An FDR is, typically, the second of three hearings in a financial remedy case.


Neutral evaluation is often used in the middle of court proceedings. Whilst we always seek to avoid proceedings, sometimes the court process is such that early neutral evaluation can be used. This may be because the court process is too slow to list a hearing, or the case is bumped out of the court list at short notice because of the lack of judges. In this case, instead of allowing the case to be delayed for months, we can arrange a Private FDR. Both parties need to be willing, and an agreement reached as to who is going to pay for the neutral evaluator or ‘private judge’.

 

Would we recommend a Private FDR or Early Neutral Evaluation?

We have used these very effectively in the past. They can take place remotely via a video platform. The benefit of these hearings is that you maintain control over the process in terms of choosing the judge or evaluator, the location and time of the hearing. These can take place at a solicitor’s office, barristers’ chambers or using a conference centre or hotel.


We can advise on the appropriateness of such a hearing.

Ten advantages of a Private FDR or Early Neutral Evaluation?

  1. Efficiency - Private FDRs are often more time-efficient because the delay from a First Directions Appointment to an FDR is usually at least three months.  You and your ex-partner have more control over choosing an earlier ‘hearing’, allowing you to move the resolution process along swiftly.

  2. Flexible timing - Parties have the flexibility to choose a time and date for the private FDR that suits all involved. This flexibility can be particularly beneficial for individuals with busy schedules, especially when adjusting to living as single parents or those who prefer to resolve matters quickly.

  3. Tailored process - The private FDR process can be tailored to the specific needs of the parties. It allows for a more personalized and focused approach to dispute resolution compared to the more formal and rigid court process.

  4. Choice of specialist -In a private FDR, parties can choose a specialist with expertise in family law and financial matters. Sometimes, judges may have little experience in family work having previously practised in other areas of the law. This allows for a more informed and targeted evaluation of the case.

  5. Confidentiality - Private FDR proceedings are typically confidential. This encourages open communication between you and your ex-partner, as you can freely discuss your financial positions without needing to worry that comments will be used against you in future court proceedings. You also avoid a visit to your local court building.

  6. Reduced stress - The private FDR setting is generally less formal and confrontational than a courtroom. This can contribute to a less stressful environment for you and your ex-partner promoting a more cooperative and solution-focused approach.

  7. Preservation of relationships - Family relationships are often strained during legal disputes. The private FDR process emphasises collaboration and resolution, which can help preserve relationships, especially important in cases involving ongoing co-parenting responsibilities.

  8. Cost savings - While private FDR involves some costs, it can be more cost effective than protracted court proceedings. The efficiency and focused nature of the process often results in reduced legal fees and associated expenses.

  9. Creative solutions - Private FDR allows for more creative and customised solutions. You and your ex-partner, with the help of your neutral facilitator, can explore various options for financial settlements that may better meet your unique needs and circumstances.

  1. Control over the outcome - The private FDR process empowers you to actively participate in crafting your own settlement. This sense of control over the outcome can mean greater satisfaction with the final agreement.

 

Highly experienced Early Neutral Evaluation lawyers

To discuss whether an early neutral evaluation or Private FDR is suitable for your case, get in touch with us today.

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