Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

21 JUN 2013

The place of mediation in the family justice system [2013] CFLQ 200

Lisa Parkinson

Family mediator, trainer and a Vice President of the FMA

Keywords: Mediation - Family Justice System - MIAMS - Legal Aid

The Family Justice System is undergoing radical reorganisation in the wake of the Family Justice Review and the Government Response. Recognised family mediators are being asked to play an extended role in providing information and encouraging consideration of dispute resolution, as a pre-requisite for most applications to the family court. This article examines some concerns about the proper functions and competence of family mediators in undertaking this role in ways that do not put vulnerable adults or children at risk or endanger the essential ethos of mediation. It seeks to contribute to the ongoing debate about a new system that will expect separating couples to resolve issues largely by themselves, with little access to legal services. In particular it questions the recommendation of the Norgrove Report, examined by Doughty and Murch in a recent article, that mediators should form part of a new Family Justice Service working under the control of the judge as case-manager.

The full version of this article appears in issue 2 of 2013 of Child and Family Law Quarterly.

Financial Remedies Handbook

Financial Remedies Handbook

Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...

Available in Lexis®Library
Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...