Adversarial Mythologies: Policy Assumptions and Research Evidence in Family Law

Hunter, Rosemary (2003) Adversarial Mythologies: Policy Assumptions and Research Evidence in Family Law. Journal of Law and Society, 30 (1). pp. 156-176. ISSN 0263-323X. (Access to this publication is restricted)

PDF
Restricted to Repository staff only
Contact us about this Publication Download (107kB)
[img]
Official URL
http://www.blackwell-synergy.com/doi/abs/10.1111/1...

Abstract

This article contrasts policy advocacy of alternative dispute resolution, and demonization of lawyers and court proceedings in family law, with research evidence that calls those policy positions into question. The research demonstrates, broadly, that restrictions on the availability of publicly funded legal representation do not necessarily lead parties to choose alternative resolution processes, that lawyers are much less adversarial than self–representing litigants, and that lawyer representation and litigation may produce more satisfactory and appropriate outcomes than mediation in some kinds of family disputes. The article argues that legal aid policies should respond to these realities rather than clinging to adversarial mythologies

Item Type: Article
Additional information: The definitive version is available at www.blackwell-synergy.com
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: A. Davies
Date Deposited: 19 Dec 2007 19:11
Last Modified: 29 Apr 2014 13:17
Resource URI: http://kar.kent.ac.uk/id/eprint/1714 (The current URI for this page, for reference purposes)
  • Depositors only (login required):

Downloads

Downloads per month over past year