Preparing for a financial dispute resolution (FDR) hearing
Both parties will have been ordered to supply answers to questionnaires. These have to be done within the timescale ordered by the court.
Expert evidence should also be obtained. Usually, it is the solicitors who carry out those directions relating to valuation, agreeing the joint letter of instruction and so on.
At least seven days before the FDR appointment, the applicant should supply to the court all open and without prejudice offers, proposals and any responses to them.
Immediately prior to the FDR appointment, both parties again produce a costs estimate (form H).
What happens at the FDR appointment?
Unless this has merged with the first appointment, it is the second court hearing. Both parties and their legal representatives must attend.
The purpose is to try and narrow the issues, if not actually settle the case. Both parties are directed to meet an hour before the court appointment in order to discuss matters.
Both parties address the court on the proposals that have been put forward and the district judge will then comment upon the respective positions. Judicial encouragement will be given to move the discussions forward.
If agreement is reached, and only if agreement is reached, the court can make the terms of the settlement into a court order. If there is no settlement or agreement, the court will set the case down for a final hearing and make additional directions as necessary.
In substantial cases, the court may order sworn statements to be filed on particular aspects of the case.