30/12/2025
Neutral Evaluation (such as a private FDR)
Neutral Evaluation is where a neutral, qualified third party is jointly instructed by the parties to provide an objective assessment of the likely outcome of the case. This is sometimes called Early Neutral Evaluation, depending on what stage of the case it takes place.
This takes place in a private hearing where both parties are represented by their respective counsel who make submissions to the evaluator on their behalf.
The evaluator is usually a family solicitor, barrister and/or Judge. Their decision (also known as an indication) is not binding on the parties. However, it gives both parties an idea as to how a judge at court may decide on what is the appropriate outcome having considered the particular circumstances of the case, and based on legal principles from statute and case law. Having had the indication, it is hoped the parties use that as a basis from which to negotiate and reach an agreement between them without the need for court proceedings.
As this decision is not binding, the parties are able to maintain some authority over the outcome of the case during the negotiations. A neutral evaluation can take place quite early on in proceedings, which means it can often be the quickest and most effective way in reaching a resolution outside of court.
The FDR being part of the court process, it is possible to “contract out” of court for the FDR, to hold it privately, as it is usually much quicker than waiting for the next available court date.
