Expertise

Private FDR

No18 Chambers, is able to offer both the adjudicator and/or the representation of the parties in private FDR’s . As in a court FDR, the evaluator encourages the parties towards settlement and (unlike mediation) expresses a clear view on the likely outcome if the dispute were to go to court.  Private FDRs are not just appropriate for “big money” cases and can save costs. The length of a Private FDR can vary, and like court based FDR’s solicitors may choose to represent their clients themselves, or instruct counsel on each side. Importantly, Private FDR’S  take place wholly outside the Court process – with or without the existence of court proceedings in parallel – and is not confined to financial issues (as is the case with Court-FDRs).

(Private FDRs are very effective before court proceedings have been issued, where the parties have exchanged disclosure but where agreement has not been reached and can take place either via Face to Face or remotely)

Private FDR’s are an effective alternative to a Court based hearing where the parties have exchanged disclosure but agreement cannot be reached. This affords the parties the opportunity of a much earlier hearing date at a time and date that suits away from the sometimes intimidating environment of the courtroom arena. These can be held in Chambers or at an alternative venue by choice either face to face or remotely.

The adjudicator will give guidance as to the likely range of outcomes, potential strengths and weaknesses of each case as viewed on the day and how the parties can move forward and settle their case. If settlement is achieved, heads of agreement are drawn up for a subsequent consent order which will be binding on both parties. However, there is no power to impose a settlement & anything discussed during the private  will be without prejudice so cannot be referred to at future hearings

The advantages of a No.18 Chambers private FDR provides:

• An appointment of flexible duration
• They can happen before court proceedings are started or at any stage during the court process.
• There is very little delay in waiting for a date ( eg, if the court has adjourned or vacated an FDR hearing at short notice,)
• The parties have the power to choose an evaluator in whom they and their lawyers have confidence.
• An expert who will have read the papers thoroughly in advance and who will be able to give the parties the time which they may need in order to resolve the dispute; and assistance with drafting if required.
• Family disputes are often about more than one area: for instance, children and money. A private  FDR can deal with all or any aspects of the family  dispute which the parties wish. A Court based FDR will normally only be able to deal with the finance aspect of the case .
• The prospects of settlement are increased where the parties elect to have a private FDR as the facilitator will have pre-read the papers and will be available for the whole duration.
• Where appropriate and the parties agree can be conducted on paper only
• If further time is needed on a different day, the parties can elect to continue the Private FDR without being reliant upon court listing

Typical Fees:

Adjudicator (15years +)

• 1 hour : £1750 + vat
• ½ day: £2500 + vat
• 1 day : £3500 + vat

Adjudicator (below 15 years)

• 1 hour : £1500 + vat
• ½ day : £2000 + vat
• 1 day : £2500 + vat

Single Joint Advices/Early Neutral Evaluation (Children ,Matrimonial  & Civil Matters)

Early neutral evaluation is a non-binding form of dispute resolution, by which the parties agree to get an initial “sense-check” from an independent third party with expertise in the relevant field. Whilst it has been used in the field of commercial disputes for some time, there is a growing recognition of the potential benefits of early neutral evaluation in other fields such as Family & Civil. The parties get a chance to know whether they are on the right track at a relatively early stage, before large sums are expended on fully preparing all the evidence which will be needed in court. The evaluation is not binding and the parties are free to disregard it, but many find that it helps focus minds on the realities of litigation and the likelihood of success, making it easier to reach a sensible settlement out of court.

A Single Joint Advice/Early Neutral Evaluation would be given writing, allowing the parties to continue in the process. Delivered by a written determination or short opinion, followed by a short conference if necessary to explain the decision to the parties .  Fees would be worked out on a case to case basis .

This could be especially useful in Family disputes where the parties are in Mediation or  have opted to use the ‘One Couple. One Lawyer’ Scheme.

Our barristers are willing to act as early neutral evaluators in their specialist areas of practice.

Round Table Meetings/Joint Conferences (Children, Matrimonial , Employment & Civil Matters)

No18 can accommodate round table meetings between lawyers with a view to resolving Children, Matrimonial , Employment and Civil disputes between parties. No18 offers expert Counsel at all levels to assist with this process and will provide either rooms or remote technology to facilitate meetings. Chambers can offer meeting rooms at which all parties to the litigation may discuss their case in privacy and comfort, away from the courtroom environment , and then provide a further room where all parties can meet and negotiate together

The advantages of using Round table meetings/joint conferences

• Flexibility.
• They can happen at any stage during the court process.
• There is very little delay in waiting for a date.
• It can deal with all or any aspects of the dispute which the parties wish.
• Clear guidance can be given as to suitable arrangements and what order is likely to be made if the matter proceeds in a court arena.

If budgets are tight other options can be offered to reduce costs. No 18 Chambers can offer a scheme where parties wishing to achieve a negotiated settlement can obtain a joint written advice or meet with a barrister at an early stage in conference to identify a fair order. The instruction can be limited to an indication on one key issue.

Merits, Advice, Drafting And Support Package:

No.18 are delighted to offer our new Merits, Advice, Drafting and Support package for all types of Civil, Employment and Family cases. No.18 can offer various fee schemes to help meet the lay clients budget and are always happy to give a fixed price on a case to case basis.

Our Barristers will provide at your request:

• Merit assessment & Advice (on liability, quantum and evidence);
• Applications
• Pleadings
• Defences
• Drafting of ET1 & ET2
• Settlement agreements
• Telephone or (if needed) a  virtual conference with solicitor and client;
• Assistance with ad hoc queries by telephone or email where reasonably required.

Technology & Administration

NCDR can take place either via Face to Face or remotely .The use of remote technology has now been fully established and is in use on a daily basis. We can assist in organising the appropriate setup for your particular case.

No18 Chambers can offer as many meeting rooms as necessary including:

• The judicial room
• Separate conference rooms for the each team (where private discussion can take place)
• The Negotiation room.
• Private meeting room

If you have any questions or queries surrounding chambers, its services or the work we undertake please do not hesitate me on 023 80 736812 or via e-mail  markwindebank@no18chambers.com