Knowledge bite:
Undertaking Dispute Resolution work remotely
In view of the current need to move towards a fully remote service, Work To First Hearing (WTFH) FCAs will
be required to undertake dispute resolution work remotely with parents at the FHDRA. This will require FCAs
to video conference or phone both parents individually and/or as a group three-way meeting.
Guidance on how HMCTS wil use video and telephone conferencing during the Covid-
19 pandemic can be found
here. Remote FHDRAs can be conducted using the
fol owing:
• Email correspondence (where appropriate).
• By telephone using conference cal and audio
facilities.
• Using the courts video link system (if available).
• Using skype or skype for business on judicial
laptops.
• Other telephone conferencing platforms such as
google duo, facetime and WhatsApp.
Welcome letters have now been updated to ask parents what their preferred video
conferencing option would be. WTFH FCAs can also email parents the
participating
in a video conference guidance to assist them. Guidance on how FCAs can schedule
an external skype meeting with parents (by laptop and mobile phone) can be found
here. FCAs are also encouraged to read the knowledge bite
on Using skype for
interviews with parents and direct work with children.
In matters where the safeguarding letter contains clear advice for a s.7 to the Local
Authority or to Cafcass, it may not be necessary for any further remote contact to be
made with these parties. The court may be content order the report at this point, in
effect without a remote FHDRA.
Responsibilities for making arrangements for remote hearings, as set
out in the President’s Guidance:
Please
see guidance from HHJ McDonald on remote working with the court.
“The responsibility for making technical and other arrangements for a remote hearing
and for confirming the details of the arrangements for the hearing to the other parties
no later than 24 hours prior to the remote hearing taking place is to be undertaken by
the fol owing party liaising with the court:
a. The applicant, if legal y represented, in a private law case
b. The respondent, if legal y represented and where the applicant is not, in
a private law case;
c. The court where no party is legal y represented.”
Knowledge bite: Undertaking Dispute
Resolution work remotely
Is Dispute Resolution work suitable?
In view of the chal enges of conducting dispute resolution work remotely it is essential
that EIT FCAs are correctly identifying suitable cases during their initial telephone
interviews. FCAs should not be recommending dispute resolution work if either parent
is unwil ing to participate in a direct three-way telephone cal or skype meeting
however shuttle mediation by phone could stil be considered in these cases and
where resources al ow. FCAs should be clear about how the dispute resolution work
wil be carried out remotely and clarify that both parents are able to access the same
video conferencing platforms listed above.
Where Dispute Resolution work has been identified as an appropriate pathway EIT
FCAs should record this clearly on the safeguarding letter along with their preferred
conferencing platform and the type of dispute resolution preferred (direct or shuttle).
FCAs should utilise the same skil s as they would conducting face to face Dispute
Resolution work however you can refresh your knowledge and skil s relating to
Dispute Resolution work by accessing the
Dispute resolution skil s and techniques
guidance in the Child Impact Assessment Framework (CIAF).
How will it work?
Court duty FCAs wil need to identify cases where DR work has been recommended
as early as possible. If private law applications start to reduce in demand it may be
possible for local EIT teams to identify designated FCAs to pick up the matters where
Dispute Resolution is appropriate and frontload interviews/DR work ahead of the
court hearing date to minimise the scope of work at the FHDRA. FCAs wil need to
have an individual cal with each parent at least one hour prior to the FHDRA to
introduce themselves, lay the groundwork for negotiations, clarify if anything has
changed, explore where agreements could be reached and confirm that they are stil
happy to proceed with a three-way video conference. It is likely this cal can be
completed through a normal telephone cal however the three-way meeting should
be done using one of the courts preferred conferencing options.
Role of the FCA in dispute resolution and pre-FHDRA work: The
role of the FCA is key, in carrying out the dispute resolution and pre-
FHDRA work to support the smooth running of the list and for hearings
to be focused with clear orders made.
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Knowledge bite: Undertaking Dispute
Resolution work remotely
Feedback from an FCA and Legal Adviser, running a remote FHDRA
list:
“It went very wel . It requires a plan being made at the beginning of the day between
the FCA and the court to ensure things can remain organised and focused
throughout the day. This also ensured that the parties were kept updated too as it
is likely to be confusing for them, but they responded very positively. I found doing
this by telephone meant the interactions were clear and focused throughout. The
parties I spoke to were happy to engage over the phone and I think it worked very
wel . Organisation and close communications with the court wil be key though”.
Family Court Advisor Feedback
“After each set of parties in each case
“Today was the first day that we went
were spoken to, I cal ed the FCA back
remote on a ‘FHDRA’ day. I have told
and we went through the discussion.
the DFJ that I could not have asked
At this point I could then cal that case
for anything better today. The pre-
on and the FCA was then free to cal
hearing work undertaken was
the parties in the next case.
thorough and in al of the cases led
me to be able to make clear orders in
I think a system like this could work
record time. Without that preparation
wel in the immediate future if needs
and hard work in contacting the
be. I think in terms of throughput a
parents and ironing out some of the
normal list is easily manageable.”
issues the hearings would have been
Legal Advisor Feedback
longer
and
probably
less
manageable.”
Legal Advisor Feedback
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Knowledge bite: Undertaking Dispute
Resolution work remotely
How are we assisting FCAs with remote working?
NIS are currently working in partnership with IT services to create a schedule of emergency remote working
webinars designed to assist FCAs to access and use the remote working technology. These webinars should
be available to book on Cafcass Learning within the next two weeks. Notifications wil be made as soon as they
are available to book.
Top tips to consider:
1. Make sure you clarify that both parents are in a neutral environment and there
are no other people present to hear the discussions. It is essential that children
are not present during sensitive discussions. If parents cannot access a private
space Dispute Resolution should not take place.
2. Make sure that the parents can connect through wi-fi wherever possible as this
wil significantly improve the quality of the video cal and reduce the
costs of
using mobile data.
3. Be mindful of the parents’ experience during the cal . If you are concerned that
a parent is struggling or feeling vulnerable during the video cal it is advisable
to end the cal and direct the case back for judge lead conciliation with an
update on your concerns and pre-court discussions.
4. Make sure you fol ow the
guidance on recording any cases that have been
impacted by the Covid-19 pandemic by accessing the
Covid-19 PowerAPP.
5. Remember that parents that have already been interviewed by EIT do not need
a ful substantive interview at the FHDRA. Any dispute resolution interviews
with parent’s should be short and focussed.
6. Keep judges/magistrates informed regarding your proposed work with
parents and seek their views during your morning meeting/conference. It wil
also be necessary to clarify which video conferencing platforms you wil be
using for individual cases.
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Knowledge bite: Undertaking Dispute
Resolution work remotely
Specific advice on the impact of Covid-19:
• FCAs are likely to be faced with
concerns regarding children starting a new
spending time arrangement in a new household, as wel as issues, regarding
self-isolation scenarios. In these cases,
FCAs should focus on what the final
Child Arrangements Order will look like when it is safe to resume child
contact. Any specific details regarding restrictions as a result of the Covid-19
pandemic can be recorded in the court order.
• Many families are already
keeping in contact through social media platforms
therefore FCAs should promote interim indirect contact schedules as much as
possible.
• FCAs
will not be in a position to adjudicate over issues relating to the safety
of contact as a result of the Covid-19 virus. These issues wil
need to be
addressed by the judge or magistrates sensitively and sensibly in line with
current government guidance.
• Cafcass may be faced with an
increase in enforcement applications as a
result of
contact being stopped by some parents however this is likely to be
managed in line with any trends or further developments.
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