Hi Topaz & Smoker,
I can only tell your of my experiences so far. The important point to remember is to keep a dialogue going with your xtb's. Be honest and open with all your declarations and your
form E data. Make any offers for settlement you think are reasonable
With the help of you sol. you should complete your Form E and this presented to the court and your xtb's before the first hearing. Ath the first hearing your representative (sol./barrister) will outline your circumstances. THe DJ will ask a few questions as will your respective representatives. THis may be in the form of a need for extra detail. Most of the above takes place in small rooms off the DJ chambers. The reps will talk amongst themselves and try for common ground and deals. You will be summoned into the DJ chambers then. Only you and your reps are present and your xtb's, no one esle. the chambers are usally quite cosy and friendly, as is the DJ.
The DJ will sum up and give directions about needs before the FDR is listed. BOth of you can make offers of settlement at any time and indeed if these offers are not ridiculous they will be taken into consideration. Ensure that all offers are in writing and retain any replies to offers.
At the FDR again with your representatives, the DJ will sumarise so far and ask if all directions have been fullfilled. Your reps. will ask questions of each other and put forward any furhter offers. The DJ will sum up again and if an offer has been accepted, nmove things on to a consent agreement. If no offers are acceptable, the DJ may sum up, and give his opinion on what he thinks is a possible/reasonable settlement. THe DJ will then list the proceeding for the Final Hearing.
Agian most of the above takes place in small rooms off the DJ chambers. The reps will talk amongst themselves and try for common ground and deals. You will be summoned into the DJ chambers then.
At the FH the evidence bundles will be examined and your reps will cross examine your xtb's and you will be cross examined. Maybe for 30-60mins. The whole process usaully takes a day. The DJ will then dimiss you and will examine all the evidence and make a decison. You will be called back in and the DJ will declare his findings and decision. A
Consent Order will then have to drawn up and signed off by all. This process may take a futher couple of weeks. You have no influence or argument over the DJ final decision.
It can be a formidable experience but be honest, open and fair. Good luck to you bothe