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As non-court dispute resolution continues to develop, the Sikh Court shows how innovative solutions can be used to meet the evolving demands of justice, say Baldip Singh, Sharan Kaur Bhachu and Mani Singh Basi
In the keynote speech at the 2024 London International Disputes Week, the Lady Chief Justice emphasised the increasing importance of non-court dispute resolution mechanisms such as mediation and arbitration. Baroness Carr underscored the growing convergence of litigation, mediation and arbitration, which she referred to as the ‘perfect triumvirate’ for resolving contemporary disputes. She went on to propose the creation of a London dispute resolution committee for the purposes of sharing experience and providing guidance on developments, including new forms of alternative dispute resolution (ADR).
Against this backdrop, and following a year of meticulous preparation, extensive research, consultations with key stakeholders and guidance from leading experts in ADR, the Sikh Court launched in April 2024. Rooted in the Sikh principles of justice, fairness and equality, the forum offers a distinct approach – not only in the type of ADR it facilitates, but also in its processes and procedures. The court is accessible to all qualifying users, regardless of their religious background.
The court brings together mediation and arbitration in a unique two-stage process known as ‘med-arb’. Parties first engage in mediation, which is then followed by arbitration to deal with any unresolved issues. This integrated approach ensures that disputes are highly likely to be resolved, either through mediated agreement or binding arbitral decision. Both parties must commit at the outset to mediation and arbitration, and the Sikh Court requires joint applications from all parties. This consensual approach is vital in ensuring the success of the med-arb model, as it encourages a collaborative atmosphere where parties are invested in reaching a fair resolution.
Another distinctive feature, developed following input from Sam Townend KC, Chair of the Bar 2024, is the strong commitment to transparency, setting the court apart from traditional arbitration forums that often operate under strict confidentiality. Rather than shrouding its decisions, the court publishes anonymised outcome statements for all arbitrated cases. This approach invites an openness not seen in any other forum, with the aim of promoting greater public trust in the process while safeguarding privacy and allowing critics to have insight into how the law is applied and decisions are reached.
Another significant driving force is the backlog plaguing the Family Court. Financial settlement and children dispute hearings are often delayed for months, if not years, but with support and guidance, and in suitable cases, parties can reach mutually agreeable settlements and achieve finality without the emotional and financial strain of protracted litigation.
A core mission of the court is to make justice more accessible. The application process is designed to be as streamlined and user-friendly as possible, while capturing sufficient information to determine whether the dispute falls within the court’s competence. Criminal or safeguarding matters are referred to the appropriate courts.
There is also a strong emphasis on protecting vulnerable users. Judges and magistrates undergo specialised training in safeguarding and work closely with local multi-agency safeguarding hubs to ensure that any such issues are promptly and properly addressed. The appointment of a safeguarding lead further underscores the court’s commitment to protecting vulnerable users and a strict safeguarding policy ensures that there are processes in place to identify vulnerable parties, any safeguarding issues and to ensure that consent to the process is freely given.
The court boasts a remarkable gender balance – over 65% of its judges and magistrates are women. This not only reflects the court’s commitment to diversity but also makes it more accessible to users who may feel more comfortable navigating family disputes in an environment where women are well represented.
A key advantage of the court is its ability to reduce costs typically associated with litigation. By minimising the need for interpreters and cultural experts, the court offers a more efficient and affordable option for users, many of whom may have limited proficiency in English. This cultural alignment also ensures smoother communication, reducing misunderstandings and helping the dispute resolution process proceed more effectively.
The court is primarily focused on civil disputes, children and financial settlements in family disputes, although it has the flexibility to handle a broad range of matters suitable for ADR. Whether the dispute involves family matters, financial settlements or other civil issues, the court wants to provide a practical and adaptable platform for resolution. Users’ schedules are accommodated by offering hearings on weekends and, where necessary, remotely. This flexibility is particularly valuable for those with weekday commitments or urgent matters that require swift resolution.
Our surveys and research within the community highlighted that non-lawyer Sikhs were less familiar with terms such as ‘mediators’, ‘arbitrators’, ‘tribunal’ but did recognise well-established legal terms such as ‘court’, ‘judge’ and ‘magistrate’. We have adopted these well-known terms to make the Sikh Court accessible to its users. These are not protected terms and there are no legal restrictions on using these terms.
The judges are practising barristers and solicitors and the magistrates are upstanding members of the community, all of whom have been through a stringent selection process with robust competency criteria. The selection panel is comprised of two legal judges, two academics and one lay Sikh community member.
Our training programme is recognised for its depth and rigour and covers mediation, arbitration and judge craft with experts such as Judge Gill, Judge Cheema and Andy Hayher KC leading sessions on how to integrate cultural sensitivity with legal expertise and the Equal Treatment Benchbook. In addition to safeguarding, vulnerable witness training is also a critical component of the programme, ensuring that the court is well-equipped to handle emotionally charged cases with care and professionalism.
The court represents more than just a niche platform for civil and family disputes within the community. It is a bold experiment and blends cultural sensitivity, legal expertise and innovative dispute resolution methods to create a new, efficient and just forum for ADR. By focusing on the specific needs of its users, whether those needs are linguistic, cultural or practical, we believe that the court is setting a new standard for ADR platforms. Since June 2024, the Sikh Court has dealt with 43 cases which have settled at mediation stage.
The court’s commitment to transparency, diversity and safeguarding makes it a unique model for the future of dispute resolution. As the legal community continues to explore the intersection of litigation, mediation and arbitration in a world of non-court-based resolution, the court shows how innovative solutions can be used to meet the evolving demands of justice. It is our civic duty to support the legal system and, as Professor Jo Delahunty KC, a leading force in the world of child protection, stated: ‘This incredible initiative was brought about by vision, grit, passion, principles and skill.’
Special thanks are due to Marion Smith KC, Nick Vineall KC and chartered arbitrator Irvinder Bakshi for their invaluable contributions to the drafting of the court’s rules. Their combined efforts have laid the foundation for an institution that promises to reshape the landscape of dispute resolution for years to come.
Baldip Singh, pictured centre, is Chief Judge of the Sikh Court. Overleaf: launch of the Sikh Court at Lincoln’s Inn, April 2024.
Mani Singh Basi is a barrister at 4PB. He was the 2023 Family Law Junior Barrister of the Year award winner (LexisNexis) and is the current Legal Personality of the Year and Legal Aid Barrister of the Year. He is author of A practical guide to stranded spouses in family law proceedings (Law Brief Publishing: 2023); A practical guide to exercising the inherent jurisdiction in family law proceedings (Law Brief Publishing: 2023); and A practical guide to the participation of children in family law proceedings (Law Brief Publishing: 2024). Mani is a judge of the Sikh Court.
In the keynote speech at the 2024 London International Disputes Week, the Lady Chief Justice emphasised the increasing importance of non-court dispute resolution mechanisms such as mediation and arbitration. Baroness Carr underscored the growing convergence of litigation, mediation and arbitration, which she referred to as the ‘perfect triumvirate’ for resolving contemporary disputes. She went on to propose the creation of a London dispute resolution committee for the purposes of sharing experience and providing guidance on developments, including new forms of alternative dispute resolution (ADR).
Against this backdrop, and following a year of meticulous preparation, extensive research, consultations with key stakeholders and guidance from leading experts in ADR, the Sikh Court launched in April 2024. Rooted in the Sikh principles of justice, fairness and equality, the forum offers a distinct approach – not only in the type of ADR it facilitates, but also in its processes and procedures. The court is accessible to all qualifying users, regardless of their religious background.
The court brings together mediation and arbitration in a unique two-stage process known as ‘med-arb’. Parties first engage in mediation, which is then followed by arbitration to deal with any unresolved issues. This integrated approach ensures that disputes are highly likely to be resolved, either through mediated agreement or binding arbitral decision. Both parties must commit at the outset to mediation and arbitration, and the Sikh Court requires joint applications from all parties. This consensual approach is vital in ensuring the success of the med-arb model, as it encourages a collaborative atmosphere where parties are invested in reaching a fair resolution.
Another distinctive feature, developed following input from Sam Townend KC, Chair of the Bar 2024, is the strong commitment to transparency, setting the court apart from traditional arbitration forums that often operate under strict confidentiality. Rather than shrouding its decisions, the court publishes anonymised outcome statements for all arbitrated cases. This approach invites an openness not seen in any other forum, with the aim of promoting greater public trust in the process while safeguarding privacy and allowing critics to have insight into how the law is applied and decisions are reached.
Another significant driving force is the backlog plaguing the Family Court. Financial settlement and children dispute hearings are often delayed for months, if not years, but with support and guidance, and in suitable cases, parties can reach mutually agreeable settlements and achieve finality without the emotional and financial strain of protracted litigation.
A core mission of the court is to make justice more accessible. The application process is designed to be as streamlined and user-friendly as possible, while capturing sufficient information to determine whether the dispute falls within the court’s competence. Criminal or safeguarding matters are referred to the appropriate courts.
There is also a strong emphasis on protecting vulnerable users. Judges and magistrates undergo specialised training in safeguarding and work closely with local multi-agency safeguarding hubs to ensure that any such issues are promptly and properly addressed. The appointment of a safeguarding lead further underscores the court’s commitment to protecting vulnerable users and a strict safeguarding policy ensures that there are processes in place to identify vulnerable parties, any safeguarding issues and to ensure that consent to the process is freely given.
The court boasts a remarkable gender balance – over 65% of its judges and magistrates are women. This not only reflects the court’s commitment to diversity but also makes it more accessible to users who may feel more comfortable navigating family disputes in an environment where women are well represented.
A key advantage of the court is its ability to reduce costs typically associated with litigation. By minimising the need for interpreters and cultural experts, the court offers a more efficient and affordable option for users, many of whom may have limited proficiency in English. This cultural alignment also ensures smoother communication, reducing misunderstandings and helping the dispute resolution process proceed more effectively.
The court is primarily focused on civil disputes, children and financial settlements in family disputes, although it has the flexibility to handle a broad range of matters suitable for ADR. Whether the dispute involves family matters, financial settlements or other civil issues, the court wants to provide a practical and adaptable platform for resolution. Users’ schedules are accommodated by offering hearings on weekends and, where necessary, remotely. This flexibility is particularly valuable for those with weekday commitments or urgent matters that require swift resolution.
Our surveys and research within the community highlighted that non-lawyer Sikhs were less familiar with terms such as ‘mediators’, ‘arbitrators’, ‘tribunal’ but did recognise well-established legal terms such as ‘court’, ‘judge’ and ‘magistrate’. We have adopted these well-known terms to make the Sikh Court accessible to its users. These are not protected terms and there are no legal restrictions on using these terms.
The judges are practising barristers and solicitors and the magistrates are upstanding members of the community, all of whom have been through a stringent selection process with robust competency criteria. The selection panel is comprised of two legal judges, two academics and one lay Sikh community member.
Our training programme is recognised for its depth and rigour and covers mediation, arbitration and judge craft with experts such as Judge Gill, Judge Cheema and Andy Hayher KC leading sessions on how to integrate cultural sensitivity with legal expertise and the Equal Treatment Benchbook. In addition to safeguarding, vulnerable witness training is also a critical component of the programme, ensuring that the court is well-equipped to handle emotionally charged cases with care and professionalism.
The court represents more than just a niche platform for civil and family disputes within the community. It is a bold experiment and blends cultural sensitivity, legal expertise and innovative dispute resolution methods to create a new, efficient and just forum for ADR. By focusing on the specific needs of its users, whether those needs are linguistic, cultural or practical, we believe that the court is setting a new standard for ADR platforms. Since June 2024, the Sikh Court has dealt with 43 cases which have settled at mediation stage.
The court’s commitment to transparency, diversity and safeguarding makes it a unique model for the future of dispute resolution. As the legal community continues to explore the intersection of litigation, mediation and arbitration in a world of non-court-based resolution, the court shows how innovative solutions can be used to meet the evolving demands of justice. It is our civic duty to support the legal system and, as Professor Jo Delahunty KC, a leading force in the world of child protection, stated: ‘This incredible initiative was brought about by vision, grit, passion, principles and skill.’
Special thanks are due to Marion Smith KC, Nick Vineall KC and chartered arbitrator Irvinder Bakshi for their invaluable contributions to the drafting of the court’s rules. Their combined efforts have laid the foundation for an institution that promises to reshape the landscape of dispute resolution for years to come.
Baldip Singh, pictured centre, is Chief Judge of the Sikh Court. Overleaf: launch of the Sikh Court at Lincoln’s Inn, April 2024.
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