Family Judges to Pilot Settlement Conferences

A new scheme is being piloted in some areas of England and Wales to resolve disputes between parents involving their children. The scheme is the use of settlement conferences at which the parents, their legal representatives and a Judge are present. A settlement conference is held with the consent of all parties and no pressure is put upon them to agree. The Judge works with the parties to promote a settlement by discussing the issues and concerns raised. It aims to help parents reach an agreement that is in the children’s best interests.

Anything said at the conference is confidential and the Judge who hears the settlement conference will not hear the final hearing if matters are not resolved. Parties are also encouraged to speak to the Judge direct even if they do have legal representation.

The pilot is following the process used in Court hearings to resolve financial issues on divorce. In those proceedings, there is a dispute resolution hearing where the Judge is available to help the parties try to reach a settlement between them rather than by an order of the Court. These hearings have been working well for several years.

The Courts would much prefer parties to reach an agreement between themselves rather than have to make orders. They feel that by doing so it keeps matters more amicable and both parties feel that they have a much better agreement because they have each had an input into that agreement. The pilot scheme is being monitored to see how effective it is so it may be some time before we see settlement conferences being held in all of the Courts in England and Wales.

For further information or to discuss your own circumstances, please contact me on 01332 364436 or email a.wilding@timms-law.com

Alison Wilding
October 2017