First Hearing Dispute Resolution Appointments and Privilege

District Judge Graham Green. The purpose of the article is, first, to compare and contrast current practice as to how far what is said by parties at first hearing dispute resolution appointments (FHDRAs) in applications for orders pursuant to s 8 of Children Act 1989 is treated as confidential or privileged and thus not to be referred to at later hearings of the same application. The article then examines what is said on the issue in the guidance issued in November 2004 by the President of the Family Division. Finally, the article discusses whether any privilege at all should attach to these hearings or whether the interests of the child is better served by it being made clear that anything said at the FDHRA can be referred to at any subsequent stage of the proceedings. See May [2006] Fam Law 366 for the full article.

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