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Family Mediation: Contemporary Issues

Family Mediation: Contemporary Issues 1

by Marian Roberts and Maria Federica Moscati
Paperback
Publication Date: 16/07/2020
5/5 Rating 1 Review

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The modern emergence of mediation in the West in the 1980s represents a profound transformation of civil disputing practice, particularly in the field of family justice. In the field of family disputes mediation has emerged to fill a gap which none of the existing services, lawyers and courts on the one hand, or welfare, advisory or therapeutic interventions on the other, could in their nature have filled.

In the UK mediation is now the approved pathway in the current landscape of family dispute resolution processes, officially endorsed and publicly funded by government to provide separating and divorcing families with the opportunity to resolve their disputes co-operatively with less acrimony, delay and cost than the traditional competitive litigation and court process.

The consolidation of the professional practice of family mediation reflects its progress and creativity in respect both of the expanding focus on professional quality assurance as well as on developments of policy, practice guidelines and training to address central concerns about the role of children in mediation, screening for domestic abuse, sexual orientation and gender identity as well as cross-cultural issues including the role of interpreters in the process. Other areas of innovation include the application of family mediation to a growing range of family conflict situations involving, for example, international family disputes (including cross border, relocation and child abduction issues).

Written by leaders in family mediation, this title provides a contemporary account of current practice developments and research concerning family mediation across a range of issues in the UK and Ireland.

ISBN:
9781526505415
9781526505415
Category:
Family law
Format:
Paperback
Publication Date:
16-07-2020
Language:
English
Publisher:
Bloomsbury Publishing PLC
Country of origin:
United Kingdom
Dimensions (mm):
244.09x169.93x19.05mm
Weight:
0.58kg

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WHERE MEDIATION MEETS THE LAW:
ESSENTIAL READING FOR FAMILY LAW PRACTITIONERS IN ENGLAND AND WALES AS WELL AS SCOTLAND AND NORTHERN IRELAND

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

Current wisdom in the legal profession, particularly among family lawyers, as well as the judiciary, is that opting for mediation between disputatious clients, is preferable to going to law, with all its attendant financial and emotional difficulties - and of course, the law’s delay.

Because of the Covid pandemic the legal landscape may -- and indeed must change, but in what direction? Very few of us will be able to say with any degree of certainty. But what is becoming increasingly clear, is that at the time of writing, the means and methods by which family disputes may be settled will have to undergo change, precipitated by the bizarre but necessary restrictions of lockdown. Mediation, with its now well-established principles and processes, offers a sensible and less time-consuming way to resolve a good many of the often-intractable problems of family disputes.

What is certain and well-nigh indisputable, is that many family laws matters will in the future, be dealt with in virtual hearings anyway, so why not mediate? Answer: because most clients are visibly hostile to the very idea of mediation, not to mention the expense. Little do they realise that mediation, despite the initial fee levels, normally works out cheaper in the longer term.

Fortunately for family practitioners in these difficult times, Bloomsbury Professional have published a timely, important, and authoritative contribution to the literature of family mediation.
Under the able editorship of Marian Roberts and Maria Federica Moscati, this book entitled “Family Mediation: Contemporary Issues” provides readers with a broad spectrum of pertinent and carefully researched insights on family mediation from seventeen contributors, each highly qualified and offering a wealth of expertise and experience in this complex area of dispute resolution. A valuable source of current thinking and informed consultancy is here in one handy volume.

This excellent book covers an amazingly wide spectrum of contemporary issues pertaining to mediation, from professional regulation and ethical considerations, to the impact of domestic abuse and the voice of the child in family mediation.

Scholarly as well as readable, it is a book which will no doubt be regarded as essential reading for lawyers as well as meditators, who should lose no time in acquiring it.

The date of publication of this paperback edition is cited as at 19th May 2020.

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