THE FDR

The FDR is a meeting held for the purpose of discussion and negotiation. The various parties should arrive with their solicitors and barristers, if instructed, about an hour before the time listed with a Form D notice of the FDR.

During negotiations the parties will exchange arguments and any issues between them. They will be called into the court where the commencement of the hearing and discussions of the court will follow. In the court continued negotiations over the final order and further directions will be made. If matters still have not been resolved there will be directions for trial.

Ultimately with the FDR, the judge will make a punitive costs order if a party refuses to take part in the negotiations. If matters are still not resolved there will be a preparation for a final hearing, at which all the facts will be heard. At the hearing when all the evidence has been presented and the parties cross-examined, the district judge will make an order. Consent orders can be drafted by the parties and submitted at any stage of the process for the court’s approval. If no agreement is reached the district judge will take no further part in the case and will consider whether a full hearing is required.