If there is an appeal that involves Section I (educational placement) of the EHCP these could be listed to include a JADR.
The purpose of the JADR hearing is to support the parties to resolve their disputes by agreement. At the hearing the judge, who has been trained in judicial mediation, will consider how to assist the parties to reach an agreement.
At the JADR hearing the Judge is likely to provide a view as to whether either party is being unrealistic, either in respect of the evidence provided to support the placement they propose or the grounds of appeal or response.
In some cases, it may be possible for the judge to express an opinion as to the strength or weakness of the appeal or response (or parts of them).
JADR’s are private and confidential hearings, the judge who conducts the JADR hearing will not conduct the final hearing.
If the judge expresses a view about the strength or weakness of the appeal or about the strength of the evidence, it is hoped that it will help the parties to reach an agreement.
Anything said at the JADR meeting should be kept confidential and not referred to after that hearing.
If both parties come to an agreement the Judge will ask them to sign a draft consent order.
If the parties aren’t able to reach an agreement a short report will be prepared identifying the issues to be decided by the Tribunal.
The JADR hearing should be listed two weeks before the date of the final hearing. It should last up to 1.5 hours.
A JADR hearing will have a judge, parent/carer and representative from the Local Authority that can make decisions in attendance.