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Reconstruction of family mediation in a post-justice world

Hunter, Rosemary and Barlow, Anne (2020) Reconstruction of family mediation in a post-justice world. In: Roberts, Marian and Moscati, Maria, eds. Family Mediation: Contemporary Issues. Bloomsbury Professional, Haywards Heath, pp. 11-32. ISBN 978-1-5265-0541-5. E-ISBN 978-1-5265-0542-2. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:81607)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)

Abstract

Following the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO), family mediation became the policy makers’ dispute resolution process of choice in England and Wales and the only one for which legal aid is available, save where domestic violence can be evidenced in a prescribed way. Drawing on evidence from an ESRC-funded socio-legal project Mapping Paths to Family Justice (Barlow, Hunter, Smithson and Ewing, 2017) and its follow-up Impact Accelerator study Creating Paths to Family Justice (Barlow, Ewing, Hunter and Smithson, 2017), this chapter first explores the extent to which this mainstreaming of mediation may have distorted its very essence as a voluntary process, freely entered into by parties wanting to resolve their disputes out of court, where it is now expected to cater to a much wider range of cases and parties in pursuit of a policy agenda to keep disputes out of court. Second it considers the operation of mediation outside the family justice framework, where online information has replaced legal advice for many and outcomes reflect settlement imperatives rather than family law principles. Finally, in light of these developments, it examines what the future might hold. Could mediation morph into Online Dispute Resolution? Or might the Australian model of lawyer-assisted mediation provide a means to reintroduce considerations of justice into the process?

Item Type: Book section
Projects: [UNSPECIFIED] Mapping Paths to Family Justice
Uncontrolled keywords: family mediation, LASPO, neoliberalism
Subjects: K Law > KD England and Wales
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Rosemary Hunter
Date Deposited: 08 Jun 2020 08:12 UTC
Last Modified: 15 Jun 2021 12:44 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/81607 (The current URI for this page, for reference purposes)
Hunter, Rosemary: https://orcid.org/0000-0001-7526-6012
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