What is Judicial Alternative Dispute Resolution?

Judicial Alternative Dispute Resolution ("JADR") is designed to resolve placement (Section I) appeals

Navigating the process of appealing to the Special Educational Needs and Disabilities Tribunal ("the SEND Tribunal") can feel overwhelming, but understanding the available options can help you to make informed decisions. One option now available in Education Health and Care Plan appeals that involve placement (section I) is Judicial Alternative Dispute Resolution ("JADR"). JADR involves a single judge mediating discussions between parents or carers on the one hand and the local authority on the other, with the aim of facilitiing constructive dialogue and reaching agreement (currently only on placement) without a full tribunal hearing. It may involve encouraging the parties to revisit possible placement options if agreement cannot be reached on the ones originally proposed.

The JADR process is confidential, which means you can speak freely without the worry that anything you say will be used later in the tribunal proceedings should the dispute remain unresolved. It is important to note that participation in JADR is entirely voluntary (although attendance at the JADR may not be), and parents or carers have the right to decline this option. If you choose not to participate, your case will proceed to a full hearing before the SEND tribunal and there will be no adverse consequences. Done well JADR can be a helpful alternative to the stress of a tribunal hearing and even if it is not successful it can provide a useful opportunity to understand how a judge views your case, and to ask about the strengths and weaknesses so that you can focus on these before your final hearing.

However, there are concerns that the JADR process might inadvertently favour local authorities, since parents and carers will often lack the same level of legal or procedural knowledge and may feel overwhelmed, possibly leading them to feel pressure to compromise; even when they believe that their child’s needs require the full tribunal to rule on the matter. Similarly, although JADR is not compulsory, some parents or carers might feel pressured to agree to it, especially if they are led to believe that it the faster, cheaper or better option. The confidentiality aspect of JADR can also be a double-edged sword. Whilst it encourages open discussion, it does also mean that there is no record what was said or agreed upon if the same issues resurface later. The success or otherwise of JADR can also vary widely as it largely depends on the skills and approach of the indiviidual judge involved. JADR is also likely to be unsuitable for complex disputes or cases involving a significant breakdown in trust between parents and the local authority, which are sadly not uncommon

If you have been offered JADR, it is important that you are fully informed about the process and understand your rights; including the right to say no.

To learn more about resolving SEND issues, explore our blogs on Appeals and EHC Plans.

SEND Advocacy is able to support you through JADR, including appearing at a JADR hearing. If you need someone in your corner to help you secure the education your child deserves, contact SEND Advocacy today.