Private hearings

A private hearing gives you an independent, expert view of your case without waiting for a court date. In a private financial dispute resolution (FDR) hearing, an experienced family barrister or retired judge, chosen and paid for by you and your former partner, reviews both positions and gives a view on the likely outcome to help you settle. Rushton Family Law prepares your case and represents you at the hearing.

Private hearings at a glance

  • A private FDR gives you an independent view of your case without waiting for a court date.
  • You choose the evaluator, such as an experienced family barrister or retired judge, and share their fee.
  • The evaluator’s view isn’t binding, but many cases settle on the day.
  • Everything said is confidential and can’t be referred to later if the case doesn’t settle.
  • If you’re already in court proceedings, a private FDR can usually replace the court FDR.


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Specialist Divorce and Family Lawyers

Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.

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When it really matters


Getting advice on a private hearing

We start by looking at where your case stands. That means what has been disclosed, what remains in dispute, and whether a private hearing is likely to help. Where it is, we advise on choosing the right evaluator for your case and on timing.

From there, we will set out how the hearing will work and what preparation is needed.

How a private FDR works

A private FDR follows the same format as a court FDR, but on a date and with an evaluator you have chosen. Before the hearing, each side prepares a written summary of their position and an agreed bundle of documents. On the day, the evaluator hears from both sides and then gives their view of the likely outcome if the case went to a final hearing.

The view isn’t binding, but it gives both of you an independent reference point. Most of the day is then usually spent negotiating with that view in mind, and many cases settle by the end of it. Any agreement is recorded in a consent order and sent to the court for approval. [Link: Consent orders and clean breaks]

Why choose a private hearing

Compared with a court FDR, a private hearing offers:

  • Timing. A date that suits you, rather than waiting for the court’s list.
  • Choice of evaluator. An evaluator with the right experience for your case, such as one who knows business valuations or pensions well.
  • More time. A full day dedicated to your case, rather than a slot in a busy court list.
  • Confidentiality. Everything said is confidential and can’t be referred to later if the case doesn’t settle.

You will share the evaluator’s fee, but settling earlier can save significantly on the overall cost of the case.

Private hearings during court proceedings

If you are already in court proceedings, the court can usually be asked to adjourn so that a private FDR takes the place of the court FDR. We can make that request and manage the timetable for you.

Early neutral evaluation

Early neutral evaluation is a similar process that can be used at an earlier stage, or to resolve a single disputed issue, such as how a business should be valued or how pensions should be treated.


When court is necessary

Non-court options aren’t suitable in every case, particularly where there are concerns about domestic abuse, where one side won’t engage or disclose their finances, or where urgent orders are needed. In those situations, we will advise you on applying to court and act for you through the proceedings.


Our Team

Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.

Amie Pine

Partner - Divorce & Family

Emma Shortland

Associate

Ella Perry

Assistant Solicitor

Samantha Patel

Legal Support Assistant

Reviews and testimonials

Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead

The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.

Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!

I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.

From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.

Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.

Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.

Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.

Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.

She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.

Nicola and the team are the best support you could ask for at the most difficult of times.

As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.

I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.

FAQs

What happens in divorce mediation?

After an initial meeting to check that mediation is suitable, you meet with the mediator, together or separately, to exchange financial information and work through proposals. What you agree is then recorded, and a solicitor turns it into a legally binding consent order.

What happens if my spouse refuses mediation?

Mediation is voluntary, so it can’t go ahead without both of you. You can then apply to court, and the court can take an unreasonable refusal to consider non-court options into account, including when deciding who pays the legal costs.

What is the difference between mediation, arbitration and collaborative law?

In mediation, a neutral mediator helps you reach your own agreement. In arbitration, an arbitrator you both choose makes a binding decision. In collaborative law, you each have a lawyer and all four of you meet to agree terms, committing not to go to court.

Can our solicitors negotiate a settlement without going to court?

Yes, and most settlements are reached this way. Solicitors negotiate through correspondence or round-table meetings, and the agreed terms are recorded in a consent order for the court to approve.

What is a round table meeting in family law?

A meeting where you, your former partner and your lawyers sit down together to negotiate face to face. Nothing said can be used later in court, which makes it easier to talk openly and resolve several issues in one day.

How we work

An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.

Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.

A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.

Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.

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