Chancery FDR has been developed by the courts to help the parties negotiate a settlement of their dispute. It has some similarity with mediation. Like mediation it is completely private; anything said or written as part of the process is strictly confidential and without prejudice.
The person appointed to carry out a Chancery FDR will usually:
- Set a date for the parties to gather (either in-person or on-line)
- Request the parties each to provide a position statement explaining the case and setting out the main areas of disagreement
- Meet the parties both together and separately to discuss the case and the obstacles to settlement
- Provide an opinion of any points of disagreement where the parties agree that such an opinion would be helpful
- Discuss any offers that have previously been made and invite further offers
The essence of an FDR meeting, and where it is different from mediation, is that the parties will receive an informal non-binding opinion about the merits of the case, or one or more issues in it, from an independent lawyer (who may also be a retired judge).
But just as in a mediation the parties will assisted in their negotiations and guided to a settlement of a dispute. The independent view about the merits will be of help as part of this process.