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What is a Dispute R...
 
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[Solved] What is a Dispute Resolution Appointment?

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(@NorthernGuy)
Estimable Member Registered

As the title says really, not sure what it is or what to prepare for it.

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Topic starter Posted : 31/10/2014 11:04 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Go to page 15 point 14 on the link below and this will explain it...basically its a first hearing, quite brief and usually attended by the Cafcass/court adviser who will speak to you both separately and then together to try and get you to reach agreement. If this doesn't happen then another hearing will be ordered and possibly reports etc. if these have been done for the previous case then they should suffice, depending on how long ago they were done.

http://www.justice.gov.uk/downloads/family-justice-reform/pd-12b-cap.pdf

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Posted : 31/10/2014 11:17 pm
 1626
(@1626)
Noble Member Registered

It's a review hearing.....

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Posted : 31/10/2014 11:17 pm
 1626
(@1626)
Noble Member Registered

If it says First Hearing Dispute Resolution Appointment, that's the first hearing Mojo has sent you a link to.

If it's just Dispute Resolution Appointment, then it's a review hearing. Are they making you start all over again?

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Posted : 31/10/2014 11:22 pm
(@mr-slim)
Famed Member Registered

How do things stand now NG do you have to start all over again?

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Posted : 31/10/2014 11:36 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Dispute Resolution Appointment (DRA)
19.1
The Court shall list the application for a Dispute Resolution Appointment (β€˜DRA’) to follow the preparation of section 7 or other expert report, or Separated Parenting Information Programme (SPIP) (or WT4C in Wales), if this is considered likely to be helpful in the interests of the child.
19.2
The author of the section 7 report will only attend this hearing if directed to do so by the Court.
19.3
At the DRA the Court will –
(1) Identify the key issue(s) (if any) to be determined and the extent to which those issues can be resolved or narrowed at the DRA;
(2) Consider whether the DRA can be used as a final hearing;
(3) Resolve or narrow the issues by hearing evidence;
(4) Identify the evidence to be heard on the issues which remain to be resolved at the final hearing;
(5) Give final case management directions including:
(a) Filing of further evidence;
(b) Filing of a statement of facts/issues remaining to be determined;
(c) Filing of a witness template and / or skeleton arguments;
(d) Ensuring Compliance with Practice Direction 27A (the Bundles Practice Direction);
(e) Listing the Final Hearing.

Apologies ...although I think the term review hearing is slightly misleading, as this is also the term used when an order has been made and a review hearing is set to see how things are going and to see if the order is being complied with.

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Posted : 31/10/2014 11:41 pm
(@NorthernGuy)
Estimable Member Registered

I honestly don't have a clue, I had a first hearing which said need a section 7, then the next should've been a Dispute Resolution Appointment, but now it's says DRA directions or something. Seriously confused now about what is going on and what I'm supposed to do.

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Topic starter Posted : 01/11/2014 12:07 am
(@mr-slim)
Famed Member Registered

So you've been given another court date?

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Posted : 01/11/2014 12:09 am
 Mojo
(@Mojo)
Illustrious Member Registered

An application for a review or rehearing (e.g. where a party did not turn up for a hearing or subsequent evidence is available which the aggrieved party is not at fault for not bringing to light at the trial ) where you refer the matter back to the trial judge if you are not happy with the decision might be the way to proceed rather than an appeal at times. Interim orders or interlocutory orders are usually not easily appealed successfully but it depends on the circumstances.

I came across this whilst searching for info for you...so it could be that. The judge is bring it back in which case he/she will accept you reasons for missing the hearing and allow the cases to pick up where it left off.

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Posted : 01/11/2014 12:30 am
(@NorthernGuy)
Estimable Member Registered

Yes I did Slim. And from the reaction of the ex she isn't happy with it either but that's another story.

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Topic starter Posted : 01/11/2014 2:12 am
(@NorthernGuy)
Estimable Member Registered

Ok, slightly stuck again.

I\'ve been running through the various reports, Cafcass included. How is best to go about it at the DRA? I mean do I talk through my points and say I have the proof if they want to see it? Or do I go full out and cross reference the whole lot and put a full pack together?

The reason I ask is that if this turns into a final hearing, which apparently they can do, I want to make sure that I\'ve done everything humanly possible to sort this out. But I don\'t want to give her all of my evidence now so she can weedle her way out of it if it does go to another hearing.

Can anyone help?

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Topic starter Posted : 03/11/2014 11:12 pm
 1626
(@1626)
Noble Member Registered

Hi, I\'m afraid I don\'t know any of the details of your case but unless the court have given you directions to submit statements by a set date then it\'s not mandatory to prepare anything. Having said that, it\'s a good idea to write a Position Statement to hand in to the judge and the other party and so that you have everything written down for yourself. It would only usually become the final hearing if everyone is in agreement on the day.

Packs / bundles are ordinarily for final hearings. If your ex has a solicitor, then preparation of a bundle will lay with them and they would have to send you the index for agreement but this is only for a final hearing. If neither of you are represented, it is the applicant that takes responsibility for prep of the bundle as set out in practise guidance 27a

http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a

3.1
A bundle for the use of the court at the hearing shall be provided by the party in the position of applicant at the hearing (or, if there are cross-applications, by the party whose application was first in time) or, if that person is a litigant in person, by the first listed respondent who is not a litigant in person. Where all the parties are litigants in person none of them shall, unless the court otherwise directs, be obliged to provide a bundle, but any bundle which they choose to lodge must be prepared and lodged so as to comply with this practice direction.

Being over prepared is always better than being under prepared so it\'s good to have any other relevant paperwork with you in a folder in case you need to access it during the hearing.

Good luck πŸ™‚

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Posted : 04/11/2014 12:25 am
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