Private FDR Appointment Terms

1. The parties agree that the evaluator is appointed to provide a neutral evaluation of the dispute that has arisen between them (“the Indication”).

2. The Indication shall be provided at a meeting (“the PFDR”) during which both parties have had the opportunity to make oral submissions to the evaluator.

3. The PFDR shall be a meeting held for the purposes of discussion and negotiation and shall be conducted in accordance with the principles set out in Family Procedure Rules 2010, r. 9.17 and PD9A, paras. 6.1 – 6.5A.
The parties agree and acknowledge:-
i. that the evaluator cannot offer either party legal advice and has no power to make a binding decision or award in respect of their dispute, but will provide the parties with the Indication in order to facilitate a settlement being reached between the parties.
ii. that no part of the evaluator’s indication or other assistance shall be construed as providing legal advice or legal services to the parties or any of them;

4. The parties acknowledge that, depending on the nature of their dispute, they may need to seek subsequent approval of any agreement by a Court and will take legal advice from their representatives, as appropriate. The parties further acknowledge and agree that:
i. the evaluator will not draft, and will have no responsibility for assisting the parties in drafting, any record of any agreement and will have no responsibility to ensure that any such record is comprehensive or accurate;
ii. the evaluator has no power to approve any agreement in respect of any legal proceedings connected to the parties’ dispute;
iii. that they shall not use any part of the Indication, whether delivered orally or in writing, for any purpose other than engaging in without prejudice settlement negotiations or within other forms of non-court dispute resolution intended to resolve their financial dispute.

5. The parties agree and acknowledge that the evaluator has no control over the information that they provide, nor the disclosure made by them and the responsibility lies with the parties to make full, frank and clear disclosure to each other and, if applicable, the Court.

6. The evaluator’s fee includes:
i. pre-reading of one bundle;
ii. conducting the PFDR PROVIDED THAT after the Indication has been given to the parties, they agree that the evaluator may be released so long as they are available to reconvene the PFDR at a time before 5pm at the parties’ joint request to provide any further neutral evaluations of the remaining issues in dispute between the parties.

7. Any additional bundle will be charged at a rate stipulated in advance in writing by the evaluator’s clerk.

8. For the purpose of these terms of appointment a “bundle” shall be defined as and limited to:
i. if a paper bundle, one A4 size ring binder or lever arch file limited to no more than 350 indexed and paginated pages of A4 paper and 350 sides of text;
ii. If an electronic bundle, one PDF file (OCR searchable) and limited to no more than 350 indexed and paginated pages.

9. Unless otherwise agreed with the evaluator, the parties shall by no later than 3 days before the PFDR (ignoring weekends and public holidays) send to the evaluator’s clerk an agreed electronic bundle.

10. Unless otherwise agreed with the evaluator, each party shall send to the evaluator’s clerk by no later than 11am on the working day before the PFDR:
i. A concise position statement argument;
ii. schedule of assets in Form ES2.

11. If requested to travel within the UK, travelling time for any hearing outside London will be at the evaluator’s hourly rate. The evaluator will also be entitled to charge for travelling (including business class air fares or 1st class rail travel) and hotel expenses, which will be reimbursed by the parties within 14 days of an invoice being submitted to the parties’ solicitors.

12. Notwithstanding that the evaluator’s clerk may make an arrangement that the evaluator’s fee is paid in equal shares by the parties, in default of payment each of the parties are jointly and severally liable to pay all of the evaluator’s fees and expenses.

13. The evaluator’s clerk will agree a time and date with the parties when the evaluator’s fee is deemed to be payable (“the deemed fee date”). After the deemed fee date, the fee is payable by the parties to the evaluator irrespective of whether the PFDR takes place, unless the evaluator has had to cancel the pFDR themselves.

14. Prior to the deemed fee date, it is the expectation of the evaluator that neither party will cancel the PFDR without the agreement of the other party. If one party elects to cancel the PFDR unilaterally before the deemed fee date, the evaluator’s clerk will immediately inform the other party to enable them to make such applications to Court as they deem necessary.

15. After the deemed fee date neither party may unilaterally cancel the pFDR. In the event that, after the deemed fee date has passed, one party informs the evaluator that they will not attend the PFDR, the PFDR shall, at the request of the other party, remain in the evaluator’s diary and the evaluator will remain available to conduct the PFDR with only one party present. The evaluator will prepare a short-written summary of their Indication which shall be sent to both parties.

16. The parties agree and acknowledge that:

i. If there are any domestic abuse or potentially violent person issues arising, the parties and their legal representatives are under an obligation to draw such issues to the evaluator’s attention at the earliest possible opportunity.
ii. It shall be at the evaluator’s discretion as to whether the PFDR can be hosted in chambers. If so, appropriate directions shall be given. If not, an appropriate alternative venue or remote video platform will need to be arranged and the onus for arranging an appropriate venue or remote video platform falls on the parties and their legal representatives, subject to the evaluator’s approval.
iii. In the event there are any domestic abuse or potentially violent person issues arising that were not raised with evaluator with sufficient advanced notice for an appropriate alternative venue to be arranged, the evaluator reserves the right to cancel the PFDR without affecting the parties’ obligation to pay the evaluator’s fee if the deemed fee date has passed.

17. The parties will not make use of or disclose to any other person any document prepared by the evaluator for the purposes of the Indication or in the course of the PFDR.

18. The evaluator shall not be liable to any party for, and no legal or other proceedings shall be brought against the evaluator in respect of, any act or omission arising out of, or in relation to, any matter in the PFDR.

19. The evaluator shall neither be made a party to, nor shall they be compelled to become a witness in, nor be required to produce records, notes or any other material whatsoever in any legal or other proceedings arising out of or in relation to any matter in the PFDR, including, but not limited to, proceedings to determine the factual issue as to whether the parties reached a concluded agreement at or after the PFDR.

20. If any party makes an application that is inconsistent with clauses 17, 18 and 19 above then that party will indemnify the evaluator in respect of any costs (including legal costs) incurred by the evaluator relating to any such application or consequent on any order made on it and shall reimburse the evaluator at the evaluator’s prevailing hourly rate plus VAT for any time spent considering, resisting, responding to or otherwise dealing with any such application or any order that a court or tribunal may make and / or taking advice in relation thereto.

21. The parties and the parties’ legal representatives shall not engage in any written or oral communication with the evaluator directly in connection with the subject matter of the PFDR without copying the other party (in the case of written communication) or notifying the other party in advance (in the case of oral communication). All communications concerning routine and administrative matters in connection with the PFDR should be sent to the evaluator’s clerk.

22. Statements, affidavits, experts’ reports, disclosed documents, submissions and any other documents shall normally be delivered to the evaluator’s clerk. Correspondence between the parties’ legal representatives and the evaluator shall be by email and must be copied to the other party’s legal representatives.

23. No correspondence (including emails and faxes) between the parties’ legal representatives shall be sent to the evaluator unless it pertains to a matter on which the evaluator is required to take some action.

24. All information provided to the evaluator in connection with the PFDR shall be confidential unless:

i. the evaluator is required or permitted to disclose it by law (to include any duty they may owe under the Proceeds of Crime Act, 2002) or by any fiscal authority or regime, in which case (and to the extent the evaluator is permitted to do so) the evaluator will endeavour to give the parties as much notice of any required disclosure.
ii. the evaluator is authorised in writing to disclose it by all parties.
iii. the information comes into the public domain without any breach of confidentiality on the evaluator’s part.
iv. the parties or either or any of them makes a complaint about the evaluator to a regulatory authority concerning the evaluator’s conduct of the PFDR, in which case the evaluator may disclose relevant case papers to that authority.

25. No person other than the parties, their representatives and the evaluator shall attend the PFDR without the consent of all the parties and the evaluator. The parties, their representatives, the evaluator and any other person attending the PFDR shall keep confidential and shall not disclose to any third party, court or tribunal any confidential information, documents and other material obtained, disclosed or communicated during or for the purpose of the PFDR unless required to do so by law and shall not use it other than for the purpose of the PFDR. However, if the documents or other material would otherwise have been admissible in any proceedings they shall not be rendered inadmissible by reason of having been made available in the course of the PFDR. Any person in attendance at the PFDR other than the evaluator, the Parties and their representatives shall sign such document as the evaluator requires in order to confirm their understanding of, and agreement to uphold, the confidentiality of the PFDR.

26. During the course of the PFDR the parties may disclose personal data to the evaluator in order that they may provide a service as an evaluator. The processing of personal data is regulated in the UK by the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 together with other legislation and laws which relate to privacy and electronic communications. In this clause, these laws are referred to as “Data Protection Law”. In providing their services, the evaluator acts as an independent controller and is, therefore, responsible for complying with Data Protection Law in respect of any personal data they may process in providing services to the Parties. The evaluator’s privacy statement, which can be accessed on their chambers’ webpage, explains how the evaluator may process personal data. The parties may also be independent controllers responsible for complying with Data Protection Law in respect of the personal data they process and, accordingly, where they disclose personal data to the evaluator that party confirms that such disclosure is fair and lawful and otherwise does not contravene Data Protection Law. Terms used in this clause bear the same meanings as are ascribed to them in Data Protection Law.

27. If any provision of this agreement is found to be invalid or unenforceable for any reason by a competent court or administrative body of competent jurisdiction, such invalidity or unenforceability shall not affect the other provisions of this agreement which will remain in full force and effect. If any provision of this agreement is found to be invalid or unenforceable unless some part of the provision was deleted, the provision in question shall apply with such deletions as may be necessary to make it valid or enforceable.

28. This agreement governs the evaluator’s rights and obligations and those of the parties towards them and each other. It confers no benefit upon any third party. The ability of third parties to enforce any rights under the Contracts (Rights of Third Parties) Act, 1999 is hereby excluded.

29. Either party may raise a complaint against the evaluator by following the complaints procedure set out on the website of chambers at www.qeb.co.uk/complaints-policy/

30. This agreement shall be governed by and construed in accordance with the laws of England. Any dispute arising under or out of this agreement shall be submitted to the exclusive jurisdiction of the High Court of Justice of England and Wales.

[Revised 10 June 2026]