Helen Rhoades

Mandatory mediation of family disputes: reflections from Australia

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.

Using professional practice experience to guide family law reform

This article explores the possibility of using professional practice experience as a basis for family law reform. It draws on a recent Australian study which is seeking to use an understanding of everyday practice in the family law system to generate a coherent child focused decision-making framework for childrens care arrangements that can be used by all professionals within the system. The study, the Childrens Needs project, responded to practitioner complaints about the complexity of the current legislation and to evidence of the laws role in creating inconsistent messages about childrens care needs across the systems different dispute resolution sites. This article discusses the projects potential as a law reform methodology in jurisdictions like Australias, where recent policy developments have encouraged the use of alternative dispute resolution processes alongside changes to the law that reduce the discretion of the courts.

Law and Families

This co-edited volume highlights important classic and contemporary works by law and society scholars who analyze the complex and often highly political relationship between law and families. Featuring authors from Australia, Canada, England and the United States, the volume looks at how socio-legal scholars think about families and the law, how law shapes family practices, the capacity of family law to deliver social justice and how family disputes are resolved. Topics such as laws role in recognizing spousal and parental relationships or promoting responsible behaviour or equality norms are covered and the relationship between laws assumptions and the lived realities of families is problematized. [It includes an introductory chapter co-authored by Boyd and Rhoades].