August 2024

Judicial Alternative Dispute Resolution (JADR) is a short hearing in which you and a representative from your local authority (LA) can meet with a SEND Tribunal judge to discuss your appeal to see if a compromise can be made, or if the case can be agreed without having to attend a full hearing. 

JADR is used in appeals about section I only. This is where an appeal concerns only the school or other setting named (or type named) in section I of an Education, Health and Care (EHC) plan, or the fact that section I does not name a school or type of school. We usually recommend that you appeal sections B (special educational needs) and F (special educational provision) at the same time as section I and, therefore, JADR is not used very often.

It will also only be used where it is considered that there is a possibility of an agreement being reached. If you are appealing section I only, then a judge will assess your case close to your hearing date to decide if JADR is worthwhile in the circumstances. If the judge thinks that it is, then you will be sent a letter with a date for your JADR hearing and instructions for joining it. 

What to expect at a JADR hearing

JADR hearings take place virtually on the SEND Tribunal’s virtual platform. When joining the hearing, a SEND Tribunal clerk will welcome you and check your name and relationship to your child. You will then be placed in a waiting room until the judge and other attendees are ready.

When everyone is ready, you will be accepted into the hearing room, where the judge will introduce themselves and explain the purpose of the hearing, and what they will do. They should also confirm that the representative from the LA is a decision maker and can make decisions on behalf of the LA, and therefore can concede the appeal if appropriate. This is really important so that you know that the JADR can be a useful process and it is possible for agreements to be made on the day. 

The judge will have a copy of your appeal bundle and have read through everything that has been submitted, so will understand your case and what you are asking for. At the start of the JADR hearing, they may summarise your case to make sure they understand the main points. You will be given the opportunity to confirm if this is correct and to explain your point of view. 

A JADR hearing takes no longer than an hour, and is an opportunity for the judge to give their views on the strength of your case (as well as the LA’s case). One benefit of JADR is that the judge can speak in confidence to each party individually and ask questions, as well as give their views on your case without the other party there. Therefore, you may spend some time in the virtual lobby while the judge talks to the LA representative, and you may also spend time speaking to the judge alone without the LA there. This is your opportunity to explain your main points, and also to ask any questions you may have about your case. 

Anything you discuss at a JADR hearing is confidential. If an agreement is not reached and you do attend a full hearing at a later date, the discussions which took place at your JADR hearing will not be passed onto the judge at the final hearing who will be making the final decision. It is therefore a really 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. 

How to prepare for JADR

These steps can be helpful in ensuring that you are prepared for your JADR hearing:

• Make sure that you have spent time going through your bundle and know where to find the most important information that you might need to refer to. You can use post-it notes, highlighters or notes in any form that makes it easier for you to find what you need.
• Try to understand the relevant legal test for your appeal. It is important to know how a judge will make a decision, and what you should focus on.
• Think about if you would be happy to accept a compromise if offered by the LA. There are rarely compromises to be made in appeals against section I only but, in some cases, it may be possible so try to consider this before the JADR hearing.
• Be prepared to explain your child’s views if you have been able to obtain these, as the SEND Tribunal will always give due weight to them.
• Make sure you have somewhere quiet and comfortable to sit for the meeting, with reliable internet connection. Have the bundle in front of you, as well as a notebook and pen so that you can make notes of any important points that you want to mention, and you can make notes throughout the hearing. If you are attending the hearing with somebody else, such as your child’s other parent or a legal representative, you can also communicate with each other through notes. Our page about preparing for a hearing has more information.  

What happens after JADR?

The next step after the JADR hearing depends on whether agreement was reached or not.

If:	Then:
an agreement is reached at the JADR hearing	the judge will draft a SEND Tribunal Order which will be sent to both you and the LA. Once this is issued, the agreement that you reached is legally binding and the LA will have to meet specific deadlines set out in law. If the LA is ordered to issue an amended EHC plan naming a setting in section I, then this must be done within two weeks of the date of the SEND Tribunal Order (regulation 44 of The Special Educational Needs and Disability Regulations 2014).
an agreement is not reached at the JADR hearing	there is still time for you to continue to work with the LA and sometimes agreements can be reached after the JADR hearing, perhaps after the LA has had time to consider its position. If an agreement is still not reached, then the final hearing will go ahead as planned.

If you need any advice about JADR or your own appeal, you can use our advice services.