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Topic:
2nd Court FDA appearance what to expect? (4 Posts)
Started By:
Date:
07 February, 2018 12:37PM
2nd Court FDA appearance what to expect?
MikeStr - 07 February, 2018 12:37PM
I have already attended the 1st FDA court meeting whereby we just sat and heard in front of a judge, without doing much. I suspect just to see the direction we are heading to.

The divorce is a financial dispute, so since then, we have had to answer questionnaires, and get some other details which I am still to do.

I just wanted to know what to expect at the 2nd Court attendance?

Ty.
Re: 2nd Court FDA appearance what to expect?
davidterry - 07 February, 2018 04:55PM
The second court appearance should be a Financial Dispute Resolution appointment or FDR. If it is then that is a without prejudice meeting at which both parties are expected to negotiate and at which a judge will give an opinion if asked. If one or both parties is unwilling to make any proposals of settlement a judge is likely to take a dim view of it. Such an appointment can last all day. Not that you are in front of a judge all day. A judge will usually send both parties out to negotiate and tell them to come back at given times in order to explain to the judge what is happening and what, if any, the problems are.

If agreement is reached at an FDR it will be made into a court order and there is no appeal because it will have been a settlement reached by agreement. Most cases are in fact settled at this stage. You would be ill advised to adopt a casual approach to the appointment.
Re: 2nd Court FDA appearance what to expect?
MikeStr - 09 February, 2018 10:08AM
Thank you. Can you explain 'without prejudice' ?

Does this mean we can say what we want, and it won't be held against us with the court?
Re: 2nd Court FDA appearance what to expect?
davidterry - 09 February, 2018 12:11PM
It means that the judge who hears the FDR cannot be the judge who decides the case if it goes further and it means that none of the discussions at the FDR can be referred to at a later date in any subsequent hearing.
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