A practical alternative to court
Alternative Dispute Resolution (ADR), including Private Financial Dispute Resolution (FDR), has become an important and flexible alternative to court proceedings, helping parties resolve disputes while avoiding the time, cost, and uncertainty of litigation.
Even where ADR does not fully resolve a dispute, it often narrows the issues and may provide costs protection under the Civil Procedure Rules 1998 if the matter proceeds to trial.
An efficient alternative to litigation
In many claims litigation should generally be considered a last resort, particularly in financial and property disputes, as it can be expensive and adversarial.
FDR hearings are well established in family financial remedy proceedings and are conducted on a “without prejudice” basis before a judge who will play no further role if the case proceeds. More recently, Private FDRs have become increasingly popular. In this process, parties jointly appoint and fund an experienced specialist such as a solicitor, barrister, or retired judge to act as a private FDR judge. Hearings take place at a convenient time and location, often resulting in settlement.
Tailored private FDR services
Experienced members of 3DJB provide Private Chancery FDRs across a range of disputes, including:
Claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), including:
Property disputes between cohabitants
Beneficial interest claims
Disputes over property sales between co-owners
Disputes concerning ownership shares
Contentious probate disputes, including claims under the Inheritance (Provision for Family and Dependants) Act 1975
Trust disputes
Our clerks can arrange Private Chancery FDRs either in Chambers, at a mutually agreed venue, or virtually/hybrid where appropriate. They can also advise professional and lay clients on selecting the most suitable specialist. Please contact clerks@3djb.co.uk for further information.
