Fairness, Efficiency and Effectiveness in Court-Based Dispute Resolution Schemes in England

In recent years in England there has been renewed emphasis on court-based dispute resolution schemes (in-court conciliation) as a means to avoid the use of contested hearings in litigated contact cases. These alternative dispute resolution mechanisms are believed to be less likely to fuel parental conflict, more likely to result in an outcome tailored to individual circumstances and to be accepted by the parties as well as reducing delay and costs. Previous research has, however, raised questions about whether rapid negotiations in a highly pressurized court environment can produce a fair, safe or sustainable solution. In this paper, we draw upon a recently completed research study to explore the fairness, efficiency and effectiveness of dispute resolution schemes in litigated contact cases. Like others we raise concerns about some of the limitations of in-court conciliation. We conclude by arguing for the development of a more facilitative or educational-therapeutic approach to litigated contact cases.