scholarly journals A critical analysis of family law mediation in England and Wales

2020 ◽  
Author(s):  
◽  
Chloe Smith Duck
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Family Law ◽  
Current System ◽  
Mediation Process ◽  
Legal Aid ◽  
England And Wales ◽  
Law System ◽  
The Family ◽  
The Government

The focus for this thesis for the LLM by Research is Family Law Mediation in England and Wales. The research is looking at the system both as it stands currently as well as past changes made by the government. It starts by looking at where mediation stands within alternative dispute resolution and what the history of alternative dispute resolution entails. It then moves on to look at the place of mediation in the family law system. It is mainly looking at four major parts the first one being the introduction of The Family Law Act in 1996 and what impact this had on the stance of mediation. The second part is looking at the introduction of Mediation Information and Assessment Meetings and how successful they were at meeting increasing the mediation intake. Thirdly the research looks at the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and how this changed the legal aid available for family law and what this did for mediation. Finally the research also looks at what stance children have in the mediation process and whether mediation is a beneficial process for them. Throughout the thesis is critique and analysis of these aspects of mediation concluding with whether or not the current system meets the aims the government have for alternative dispute resolution and what the future of mediation holds.

Family dispute resolution and access to justice in Australia

2020 ◽  
Vol 16 (2) ◽  
pp. 197-215
Author(s):  
Lola Akin Ojelabi ◽  
Judith Gutman
Keyword(s):  
Dispute Resolution ◽  
Family Conflict ◽  
Alternative Dispute Resolution ◽  
Family Law ◽  
Collaborative Problem Solving ◽  
Access To Justice ◽  
Law System ◽  
The Family ◽  
Legislative Amendments ◽  
System Today

AbstractThe context of this paper is the several innovative reforms since the Australian government changed the family-law system more than forty years ago with the enactment of the Family Law Act 1975 (Cth). Whilst no-fault divorce was introduced over four decades ago, the watershed effect of replacing a blaming culture with a collaborative problem-solving approach to family disputing has provided a stepping stone for a progressive pathway to less adversarialism in family conflict. This narrative resonates throughout the family-law system today. It also continues to guide the justice discourse in family matters. This paper focuses on developments in the family-law system canvassing several legislative amendments that demonstrate the use of alternative dispute resolution (ADR) as a means of improving access to justice in relation to family disputes in Australia. It is argued that, in the family-law system, justice and ADR are inextricably linked. In support of this contention, the growth, development and evaluation of family dispute resolution is considered; access to justice issues that arise are highlighted. Finally, it reviews ramifications for the future considering recommendations from the recent inquiry into the family-law system.

scholarly journals Jurisdictional perspectives on alternative dispute resolution and access to justice: introduction

2020 ◽  
Vol 16 (2) ◽  
pp. 103-107
Author(s):  
Lola Akin Ojelabi ◽  
Mary Anne Noone
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Critical Discussion ◽  
Access To Justice ◽  
Special Issue ◽  
Law System ◽  
The Family ◽  
Equitable Outcomes ◽  
The Relationship

In many parts of the world, the adoption of alternative dispute-resolution (ADR) processes was premised on creating better access to justice for citizens, particularly those with lesser means (Woolf, 1996; Access to Justice Advisory Committee, 1994). ADR's foundational link with access to justice is in relation to not only justice as a process for the resolution of disputes, but also justice in relation to equality of access and equitable outcomes. This Special Issue focuses on the relationship between ADR and access to justice in various contexts and jurisdictions, including Australia, China, England and Wales, Scotland and Singapore, and within the family-law system in Australia. The papers engage in a critical discussion of ADR's contribution to access to justice in the resolution of disputes and, in particular, the extent to which ADR has contributed to improved access to justice. In doing this, the papers highlight the role of access-to-justice discourse in the development and growth of ADR; where available, review evaluations of access to justice in relation to ADR initiatives; and, finally, reflect on the future of ADR and access to justice.

scholarly journals The Role of Alternative Dispute Resolution in Trans-Boundary Land Dispute: The Case of Ikot Idaha and Osuk Ediene Communities in Akwa Ibom State, Nigeria

2019 ◽  
Vol 17 (2) ◽  
pp. 68-78
Author(s):  
R.E Ukpong-Umo ◽  
I.U Udobia ◽  
A.O Agwu
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Monitoring And Evaluation ◽  
Mediation Process ◽  
Interview Method ◽  
Land Dispute ◽  
The People ◽  
Content Analysis Method ◽  
Border Conflicts

The perennial land dispute of Ibime Water Trench, a trans-boundary land area between Ikot Idaha and Osuk Ediene Communities in Ikono Local Government Area of Akwa Ibom State has led to discord, hatred and dissonance over several years in the past. Despite repeated efforts by both parties to identify and resolve the underlying issues and contain the problem, it was found to have recurred after a period of seeming calm. This paper therefore aims at investigating and identifying the underlying factors that trigger recurrent trans-border conflicts between Ikot Idaha and Osuk Ediene Communities and the application of Alternative Dispute Resolution (ADR), using the Mediation Technique in conflict resolution. Data were elicited through the indept interview method and analysed using the content analysis method. Result shows that through the Mediation process, both disputing parties were able to resolve their differences and have been living and sharing in the Ibime water resources together and peacefully for over thirty years. In line with the theory of Conflict Resolution, the development of Impact Sensitive Outcome Mapping as a form of monitoring and evaluation was adopted to serve as an intervention to proffer a lasting solution for a peaceful coexistence among the people of both communities.

3. Alternative Dispute Resolution in Family Law

2018 ◽  
Author(s):  
Jane Sendall
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Family Law ◽  
Collaborative Law

This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including Alternative Dispute Resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It also briefly considers a recent development in family ADR: arbitration.

3. Alternative Dispute Resolution in Family Law

2019 ◽  
pp. 25-35
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Family Law ◽  
Collaborative Law

This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including alternative dispute resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It outlines MIAMs (mediation information and assessment meetings) and their importance prior to issuing proceedings. It also discusses the various steps of collaborative law. It also briefly considers a recent development in family ADR: arbitration.

3. Alternative Dispute Resolution in Family Law

Family Law ◽  
2020 ◽  
pp. 25-35
Author(s):  
Roiya Hodgson
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Family Law ◽  
Collaborative Law

This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including alternative dispute resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It outlines MIAMs (mediation information and assessment meetings) and their importance prior to issuing proceedings. It also discusses the various steps of collaborative law. It also briefly considers a recent development in family ADR: arbitration.

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