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Case Study ::  FDR Hearing - Litigant in Person (LIP)

 

Stephen: support from divorce coach Kirsten Gronning for an FDR - Financial Dispute Resolution - hearing in the family court.

 

Support for FDR - Financial Dispute Resolution Hearing - for a Litigant in Person (LIP).

 

Stephen (names have been changed) had signed up for The Divorce Coach free special report because he was looking for answers to get him through his divorce as a litigant in person in an ancillary relief (financial split) case. He had already spent several thousands of pounds on legal bills because matters had been complicated by an inheritance which his wife was simply not prepared to share. He could not afford to pay for more legal help. He wrote:

 

I think I have a fairly good grasp of the overall situation, have been open and honest and total  with my disclosures but obviously the legal side/ procedure is another matter, and I’d just add, I would rather be represented, but when I say I simply cannot afford it, I mean it. 

Kirsten Gronning asked him specifically what he was looking for and he replied that he needed help around court procedure and what he was and wasn’t allowed to say. Kirsten replied that whilst we are not able to get involved in the detail of the case, there was much she could do to help Stephen reduce his anxiety, present his case effectively and be in control, especially important for a litigant in person. 

Stephen sounded like a fair and reasonable guy who was doing his best in difficult circumstances. He was desperate to keep the family home (his wife had another) but the proposals put forward by his wife’s adversarial lawyers (she could afford to pay for on-going legal help) meant that he was going to find that very difficult to do. 

 

During our 1-1 session over the telephone and using some literature sent to Stephen, Kirsten focused on helping Stephen understand what it was he was asking the court to do – reach a settlement which would enable him to stay in his house - and to focus on the facts. He knew his case but he was concerned about his understandable lack of knowledge of the procedure on the day and what would get thrown at him as a litigant in person by the weight of the other side's lawyers. He wrote:  

 

Thank you so much for your advice yesterday. During our telephone conversation I began to feel reassured on many points, plus you have clarified my thinking, so much so, in fact that today I have run through practically all the evidence and statements again and made notes to pin down the points I want to make. I want you to know that I am very, very grateful to you for your help. I really hope I can handle things on the day on my own. It has become important to me to be able to do that, now. 

 

Inevitably pressure was put on Stephen as a litigant in person (LIP) on the day by the other side’s lawyers. He wrote after the hearing: 

 

‘I hope I’ve done the right thing…at least things - I sincerely hope, are resolved to the point of conclusion, assuming I can borrow some more money and make the payments on time. I think it is the best I could have got on the day and better than prolonging what is a virtually intolerable way of life-perhaps now I can find away of living again, bit early to say but that’s the most important thing- I just want to get on with my life and at least the house will not be a giant desk anymore with papers laid out across almost every flat surface!! 

 

Having said all that - which may sound a bit pessimistic - I am so very grateful for your advice. I think, without our telephone conversations I would not have had the relative calm and clarity I managed to achieve. So once again, thank you.’ 

 

It’s important to note that we prepare clients for their experience in the family court and under no circumstances do we rehearse the evidence, coach or discuss the evidence or detail of the case. 

 

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