header-logo header-logo

Home Login E-newsletter About us
03 April 2026 / Rachel Frost-Smith , Lauren Guiler
Issue: 8156 / Categories: Features , Family , Dispute resolution , Divorce
printer mail-detail

Rethinking the FDR

© Copyright LexisNexis 2026. All Rights Reserved.
246232

Could a split model improve settlement outcomes in financial remedy cases, ask Rachel Frost-Smith & Lauren Guiler
  • This article proposes a split FDR model: a two‑stage structure separating the judicial or evaluative indication from the negotiation phase.
  • It invites the reader to consider whether, in a subset of cases, a carefully designed split process could better support participation, reduce cognitive overload, and ultimately improve settlement rates.

The financial dispute resolution (FDR) appointment remains one of the most successful procedural devices in financial remedy work. It is central to the Family Procedure Rules, routinely endorsed by senior judiciary, and consistently valued by practitioners for its ability to unlock settlement. Yet its traditional structure—a single, intensive day in which evaluation and negotiation must both take place—may be imperfectly matched to the realities of how people make decisions under stress.

The concept arose from a rare case in which a conventional FDR had to be adjourned mid‑day because of unexpected, distressing personal news affecting one party. When the matter returned shortly

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Ling Ong, London Market FOIL

NLJ Career Profile: Ling Ong, London Market FOIL

Ling Ong, partner at Weightmans and president of London Market FOIL, discusses her biggest inspirations, the challenges of AI and the importance of tackling unconscious bias

DWF—Imogen Francis

DWF—Imogen Francis

Director and head of IP team joins in Birmingham

Penningtons Manches Cooper—five promotions

Penningtons Manches Cooper—five promotions

Firm boosts partnership and costs practice with five senior promotions

NEWS
Read All
NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
Copyright © 2026 LexisNexis
back-to-top-scroll