Money · Guide

What happens at an FDR appointment (financial dispute resolution)

An FDR (financial dispute resolution) appointment is a court hearing where a judge helps both parties negotiate a settlement. What is said there cannot be used as evidence later, and the FDR judge cannot decide the case at a final hearing.

  • Starting a case
  • Responding to a case
  • Already in court

How long it takes, and what it would cost

On your own
Several days
With Wren
A couple of hours
Solicitor for each hearing
£740 to £1,4803 to 6 hours

Times and hours are Wren’s estimates for a typical case, not quotes. Solicitor costs are those hours at £247 an hour, the courts’ guideline rate for a solicitor with over four years’ experience, outside London (GOV.UK, Solicitors' guideline hourly rates (in effect from 1 January 2026)). The guideline runs from £200 to £295 an hour outside London depending on experience, firms set their own rates, and VAT is added on top.

What an FDR is for

The rules treat the FDR as a meeting for discussion and negotiation. Both parties must use their best endeavours to reach agreement.

The FDR judge then has no further role in the case, except for further FDRs, consent orders or directions.

Offers and without prejudice

A without prejudice offer is one made to settle that cannot normally be shown to the trial judge. The court expects parties to make offers, to consider offers properly and not to exclude any offer from the FDR.

Anything said or admitted at the FDR cannot be used as evidence. At the end, the offer documents are returned on request and not kept on the court file.

The rules say the applicant files details of all offers and responses at least 7 days before the FDR. This includes without prejudice offers.

What to prepare

There are several documents to file before the FDR.

  1. Applicant: details of all offers, proposals and responses, at least 7 days before.
  2. Both: Form H, with costs to date and expected costs up to a final hearing, at least one day before.
  3. Both: a position statement of no more than 12 pages before a district or circuit judge.
  4. Applicant: an updated composite ES1 and ES2, by 11:00 on the working day before.
  5. Both: an updated Form FM5, if the court directed one.

On the day

Both parties must attend in person. The Financial Remedies Guide says the FDR is usually listed for 1 to 1.5 hours before a district or circuit judge.

You must arrive one hour before the listed time to negotiate. You should be available for the whole day.

If you agree, the judge may make a consent order there and then. The judge may also adjourn the FDR for more negotiation.

If you do not settle

If there is no agreement, the court gives directions for a final hearing. Within 21 days after the FDR, unless the court says otherwise, each party files and serves an open proposal. An open proposal is one the trial judge can see.

The court can take open offers and a refusal to negotiate reasonably into account when deciding costs.

Private FDRs

Parties can instead pay for a private FDR with an independent evaluator. Courts encourage this. After a private FDR, you must tell the next judge whether it took place, when, and who attended. You must not reveal the without prejudice positions.

Key dates

  1. At least 7 days before the FDRApplicant files details of all offers, proposals and responses.Source: r 9.17(3),(4) (external source, opens in a new tab)
  2. At least one day before the FDRBoth parties file and serve Form H with costs expected up to a final hearing.Source: r 9.27(3) (external source, opens in a new tab)
  3. By 11:00 on the working day beforeApplicant files updated composite ES1 and ES2; both parties file position statements.Source: paras 65, 66 (external source, opens in a new tab)
  4. One hour before the listed timeBoth parties attend court to negotiate.Source: paras 62-64 (external source, opens in a new tab)
  5. Within 21 days after the FDRIf not settled, each party files and serves an open proposal, unless the court sets another date.Source: r 9.27A(1) (external source, opens in a new tab)

Get organised with Wren Family

You still run your own case, with help at every step. Wren Family turns long official forms into short, plain-English questions, guides you through each hearing, helps you write statements in your own words, and keeps your dates, papers and orders in one place. Nothing is sent to the court for you.

Get started

Free for 14 days, no card. Then £19.99 a month, with your money back within 14 days if it’s not right.

Common questions

What does FDR stand for?

Financial dispute resolution. It is the second court stage in a contested financial remedy case, after the first appointment.

Can what I say at the FDR be used against me?

No. The rules and Practice Direction 9A say anything said or admitted at the FDR is not admissible in evidence.

Will the FDR judge decide my case?

No. The FDR judge cannot hear the final hearing. They can only deal with further FDRs, consent orders or directions.

How long does an FDR take?

It is usually listed for 1 to 1.5 hours before a district or circuit judge. You must arrive an hour early and be available all day.

What happens if we agree at the FDR?

The court may make a consent order at the FDR. Otherwise it gives directions for a final hearing.

Where these facts come from

These are the official rules and pages this page is based on. They are listed so you can check a detail for yourself; you do not need them to use Wren. They are outside Wren and open in a new tab.

Last checked against its sources on . How we check our pages.