Early Neutral Evaluation by a Third Party: A Form of Non-Court Dispute Resolution

In the family law, non-court dispute resolution (NCDR) offers various methods to resolve disputes without resorting to litigation. One such method is evaluation by a neutral third party, which can be a valuable tool for clients seeking an alternative to traditional court proceedings.

Understanding Evaluation by a Neutral Third Party

Evaluation by a neutral third party involves an impartial expert assessing the merits of both parties’ case and providing an opinion on the likely outcome if the matter were to proceed to court. This process is often referred to as a Private Financial Dispute Resolution hearing (PFDR), where the evaluator, usually an experienced family lawyer or barrister, offers guidance on settlement options based on their expertise and understanding of the case. The goal is to facilitate a resolution by providing parties with a realistic appraisal on their positions, encouraging them to reach an agreement without the need for litigation.

Impact on Clients

For clients, the evaluation by a neutral third party can have several significant effects. Firstly, it provides an opportunity to receive an objective assessment of their case, which can be invaluable in understanding the strengths and weaknesses of their position. This insight can lead to more informed decision-making and potentially expedite the resolution process. Additionally, the presence of a neutral evaluator can help reduce the emotional strain often associated with family disputes, as parties are encouraged to focus on practical solutions rather than adversarial tactics.

Moreover, this method can be more cost-effective than traditional litigation, as it often requires less time and fewer resources. Clients can also benefit from a quicker resolution, allowing them to move forward with their lives without the prolonged stress and uncertainty of court proceedings.

Usefulness in a Client's Case

The usefulness of evaluation by a neutral third party in a client's case largely depends on the specific circumstances and the willingness of both parties to engage in the process. It is particularly beneficial in cases where there is a genuine desire to reach a settlement but where parties are struggling to agree on terms. The evaluator's guidance can bridge the gap between differing perspectives, offering a path to compromise that might not have been apparent otherwise or without drawn out correspondence or litigation. 

Alternatively,  round table meetings with lawyers, when conducted appropriately, may also be considered useful. However, the absence of a neutral third party evaluator can often lead to parties holding their position and not being as willing to compromise. 

Private FDR judges play a crucial role in facilitating settlement discussions by offering their expert opinion on the case. However, it is important to note that the positions taken by private FDR judges are not legally binding. To formalise the agreement and make it legally enforceable, it is necessary to draft a consent order and a D81 financial information form, submitting these to the court at the appropriat time, seeking a sealed consent order which is then enforceable. Our expericned family law team are available to assist in drafting and submitting the consent order based on the terms of a mediation agreement.

If you want to know more about non-court dispute resolution and how an early neutral evaluation in your financial remedy matter may assist in a swifter, more cost effective agreement, please get in contact today. 

Chris Sutton & Jamie Beland