What is a DRA hearing in family court?

A Dispute Resolution Appointment (DRA) is one of the more substantive hearings in family proceedings. It comes later in the case than an FHDRA and is focused on settling outstanding issues. Understanding what happens at a DRA, what the judge is looking for and how to prepare can significantly affect the outcome of your case.

This guide explains what a DRA is, what happens at the hearing and what you need to do beforehand.

What is a DRA?

A DRA is a hearing that focuses on dispute resolution. It is held after evidence has been gathered (often a Section 7 report or fact-finding decisions) and aims to encourage the parties to reach agreement on the outstanding issues.

The DRA is similar in concept to the Financial Dispute Resolution (FDR) hearing in financial remedy proceedings: a judge gives an indication of what might happen at a final hearing in order to encourage settlement.

DRAs are most commonly used in:

• Child arrangements proceedings after the initial directions stage
• Some private law children cases following a fact-finding hearing
• Cases where significant evidence has been gathered but the parties remain in dispute

How does a DRA fit into the case?

A typical timeline in a contested child arrangements case might be:

1. Application issued
2. FHDRA listed (usually within 4 to 6 weeks)
3. If unresolved, directions given for evidence (Section 7 report, witness statements)
4. If fact-finding required, a fact-finding hearing is held
5. DRA listed once all evidence is available
6. If still unresolved, final hearing listed

The DRA gives the parties a structured opportunity to settle before incurring the cost and stress of a final hearing.

What happens at a DRA?

Opening

The judge will start by confirming who is present, what the issues are and what evidence is in the bundle.

Discussion of the evidence

The judge will review the key pieces of evidence, including any Section 7 report and any findings from a fact-finding hearing.

Indication from the judge

This is the core of the DRA. The judge gives an indication of what the court is likely to decide at a final hearing on the evidence currently available. The indication is not binding on a future judge, but it carries significant weight.

Negotiation

The parties (and their advocates) discuss the indication and consider whether they can agree on that basis. The court may give time for negotiation between sessions of the hearing.

Final order or directions

If agreement is reached, the court will make a final order. If not, the court will give directions for the final hearing.

What the judge is looking for

At a DRA, the judge will be looking at:

• The welfare of the children (the overriding consideration)
• The views of CAFCASS or the social worker who prepared the Section 7 report
• Any findings from a fact-finding hearing
• The capability and willingness of each parent
• What the parties have offered in terms of compromise
• Whether further evidence is genuinely needed

How to prepare for a DRA

Read the evidence carefully

Make sure you understand the Section 7 report, any findings from a fact-finding, and any other expert reports. Identify the points that support your position and the points that go against you.

Think realistically about outcomes

The DRA is about settlement. Going in with an unrealistic position usually means leaving with directions for a final hearing rather than a resolution. Think carefully about what you can accept.

Prepare a position statement

Most parties file a position statement before the DRA. This should be 2 to 4 pages and set out:

• The current state of the case
• What is agreed and what is in dispute
• Your position on the disputed issues
• Your proposals for resolution

Consider what you would accept

Have a clear sense of your bottom line before the hearing. What arrangement could you live with? What is the minimum acceptable outcome? Knowing this in advance helps you negotiate at the hearing.

The role of the indication

The indication is the most important part of the DRA. It tells you what an experienced judge thinks of your case on the current evidence.

The indication is not binding. The judge giving the indication will not hear the final case. But the indication is a clear signal of what is likely to happen if the case continues. Ignoring it is risky.

If the indication is favourable to you, the other side has a strong incentive to settle. If it is unfavourable, you should think carefully about whether to push on to a final hearing.

What if the DRA does not resolve the case?

If agreement cannot be reached at the DRA, the court will:

• Give directions for any final preparation
• List a final hearing
• Set timetable directions for filing further evidence if needed

The final hearing is usually listed for one or two days, depending on the complexity.

Common mistakes at a DRA

Ignoring the indication

If the judge gives an indication that is unfavourable to you, take it seriously. Continuing without thinking about why the indication went the way it did is rarely wise.

Rigidity

The DRA is about flexibility and compromise. Parties who refuse to move from their starting position rarely benefit.

Going in without a plan

The DRA moves quickly. Knowing what you want, what you can accept and what you cannot accept is essential.

Focusing on the past

The court is focused on what arrangements should be made going forward. Time spent rehashing past grievances rarely helps.

Failing to engage with the welfare issues

The court's focus is the children. Arguments framed around your own interests rather than the children's welfare rarely succeed.

When to take legal advice

The DRA is one of the most important hearings in a child arrangements case. The indication from the judge can shape the rest of the case, and a settlement reached at the DRA becomes the final order.

Having a barrister attend the DRA with you, or even just to negotiate on your behalf during the hearing, can be a worthwhile investment. A direct access barrister can advise on the evidence, prepare your position statement and represent you at the hearing on a fixed fee.

Want a barrister to review your case?

Whether you need full representation at a hearing or just a one-off conference to take advice, our team can match you with the right specialist quickly. There is no charge for the initial enquiry. Tell us what you are dealing with and we will arrange a fixed-fee quote.