Imminent FDR

*Copied from Court Forum, as I’m not sure which forum is more appropriate*

Hello all, i’m new here and would appreciate any help. You all seem very knowledgeable.

My partner has a FDR scheduled soon. Our question is this…

while we know the actual FDR is private, will I be able to attend the private meeting room where offers are discussed? I have done all the financial analysis for my partner, and she has indicated that she would feel much more confident if I was there to review any offers from her STBX.

Thanks for your help in advance

She can ask the court if you can accompany her as a McKenzie friend. Some courts have a form you need to fill in, others will accept a letter (copy to the other side) that you can hand to the usher on the day. You won't be able to speak in court on her behalf but would be able to see paperwork etc.

Hadenoughnow

@!hadenoughnow!

Thanks for your response. I don’t think I’ll be able to enter the court as a McKenzie friend (my partner is represented by counsel), nor would I want to, but my question related specifically to the private rooms out of the actual court hearing, when offers are discussed.

She merely wants to ensure that all outstanding issues are covered in negotiations, and not overlooked. Given I analysed the form Es, bank statements etc, she would be more confident negotiating if I were there.

Would this be possible?

Thanks in advance

FDR is a form of mediation but the rules are suitably flexible to allow for all eventualities.

Usually the parties are spared from having to face each other as their legal representatives will speak directly once they have conferred with their client.

Generally you go to court, grab a room (if one is available - sometimes only a corridor is available) and speak to your barrister who will then disappear off and report back to you. This might happen on several occasions. The time is punctuated by seeing the judge, possibly on one or more occasions although is might be that the barristers/solicitors attend the judge without their clients.

So, in answer to your question, yes you are able to attend for the negotiations but be warned, you should be a help rather than a hinderance - the clear instructions have to be from the client which is your partner.

Charles

Thank you for your response .Charles.

I agree entirely that my role is not to ‘throw a spanner in the works’ nor will I be steering my partner one way or the other. As you say, any offer made/accepted will be her decision entirely. It’s just that both parties’ core issues are lengthy and complex, and I’ve merely been asked by my partner to attend in order to make sure all issues are covered/set aside by agreement, and that no salient points are missed.

Once again, thanks for your help. I know my partner will feel more comfortable on reading this.