Stage 4: The FDR Appointment

The purpose of the FDR is facilitate discussion to help the parties reach a settlement. The FDR hearing is in effect a meeting of the parties and their legal representatives at which discussions and negotiations take place. Therefore it is essential the both parties attend the hearing unless the Court has ordered otherwise. The parties are usually required to attend one hour early so that there is time to enter into discussions before going in front of the Judge. 

The hearing before the Judge is an informal one. The Judge will have looked at the papers and read the offers made in order to ascertain the difference between each parties’ position. During the course of the hearing there may be intervals so that parties can consider their position and enter further discussions where there is a prospect of a compromise. The parties are free to air their views and proposals in front of the Judge who can freely give guidance on the best outcome and what in his/her the Court is likely to order at a final hearing. This gives the parties a realistic expectation of what they can achieve if they decide not to settle and proceed to a final hearing.  

As the Judge will have heard and read the parties’ proposals he will not be able to have any further involvement in the case after the FDR. At the end of the FDR the offers/ proposals which the parties had filed with the Court are returned to the parties so that they do not remain on the Court file and be available to be read by the Judge who sits at the final hearing.  

If the parties have reached an agreement the Judge can make a  Consent Order  if the terms are approved by him. If the parties have not been able to reach a settlement then the Judge may either make further directions or list the case for a final hearing.  

A high proportion of cases either settle at the FDR or very soon afterwards.