Mandatory mediation of family disputes: reflections from Australia

Abstract

In recent years the UK government has increasingly promoted the use of mediation in family law matters, particularly in cases involving children, and there has been continuing debate about whether such processes should be mandatory. Australian policy-makers took this step in 2006, enacting reforms which require parents in conflict to make a ‘genuine effort’ to resolve their dispute through a ‘family dispute resolution’ process before being eligible to apply for court orders. As a consequence of this policy shift, there has been a growing interface between legal practitioners and mediation professionals in Australia. This article draws on an empirical investigation of collaboration between these two groups to reflect on the implications of compulsory mediation for client services and inter-professional practices. Its analysis suggests that there are benefits to be had from an increased use of alternative dispute resolution programmes, both for families and the legal system, but that much will depend on the culture of collaboration and the training of practitioners.

Keywords:

• mediation
• parenting disputes
• inter-professional relationships
• collaborative practices

Notes

1. See for a more detailed breakdown of the sample characteristics, recruitment techniques and data analysis methods, the report by Rhoades et al. (2008).

2. A list of the services provided by Family Dispute Resolution programmes can be found at: http://www.frsa.org.au/UserFiles/FRSP_FDR.pdf [Accessed 6 January 2010].