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.
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:
A typical timeline in a contested child arrangements case might be:
The DRA gives the parties a structured opportunity to settle before incurring the cost and stress of a final hearing.
The judge will start by confirming who is present, what the issues are and what evidence is in the bundle.
The judge will review the key pieces of evidence, including any Section 7 report and any findings from a fact-finding hearing.
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.
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.
If agreement is reached, the court will make a final order. If not, the court will give directions for the final hearing.
At a DRA, the judge will be looking at:
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.
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.
Most parties file a position statement before the DRA. This should be 2 to 4 pages and set out:
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 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.
If agreement cannot be reached at the DRA, the court will:
The final hearing is usually listed for one or two days, depending on the complexity.
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.
The DRA is about flexibility and compromise. Parties who refuse to move from their starting position rarely benefit.
The DRA moves quickly. Knowing what you want, what you can accept and what you cannot accept is essential.
The court is focused on what arrangements should be made going forward. Time spent rehashing past grievances rarely helps.
The court's focus is the children. Arguments framed around your own interests rather than the children's welfare rarely succeed.
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.
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.