Family Mediation: Contemporary Issues available in Paperback, eBook
Family Mediation: Contemporary Issues
- ISBN-10:
- 152650541X
- ISBN-13:
- 9781526505415
- Pub. Date:
- 07/16/2020
- Publisher:
- Bloomsbury Academic
- ISBN-10:
- 152650541X
- ISBN-13:
- 9781526505415
- Pub. Date:
- 07/16/2020
- Publisher:
- Bloomsbury Academic
Family Mediation: Contemporary Issues
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Overview
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.
Product Details
| ISBN-13: | 9781526505415 |
|---|---|
| Publisher: | Bloomsbury Academic |
| Publication date: | 07/16/2020 |
| Series: | Criminal Practice Series |
| Pages: | 368 |
| Product dimensions: | 6.69(w) x 9.61(h) x 0.75(d) |
About the Author
Dr Maria Federica Moscati Maria Federica is a Senior Lecturer in Family Law at the University of Sussex. She is an Italian advocate and holds a PhD from SOAS. She has previously convened and lectured at SOAS, Queen Mary and UCL - University of London, and at the University of Shantou in the People's Republic of China. Before undertaking her doctorate she worked for Save the Children Italy where she specialized in children's rights. Her main research interests lie in issues relating to ADR, Access to Justice, Comparative Family Law, Human Rights with focus on children, and LGBTI people.
Table of Contents
About the authors v
Chapter 1 Introduction Marian Roberts Maria Moscati 1
Chapter 2 Reconstruction of family mediation in a post-justice world Rosemary Hunter Anne Barlow 11
Introduction 11
The road to post-justice 12
Mediation within liberal and neoliberal frames 14
Looking to the future 19
Conclusion 25
Chapter 3 Development of the regulatory framework for the practice of mediation in the UK Lesley Saunders 33
Introduction 33
The emergence of family mediation and beginnings of regulation (1977-2007) 35
Turbulence, transition and transformation (2007-13) 39
The regulatory project (2013-18) 42
Extending the standards framework 45
Reviewing the standards framework 47
Conclusion and the way forward 48
Chapter 4 Family mediation: the Irish perspective Sinéad Conneely Róisín O'Shea 55
Irish family law and family life 55
The development of family mediation in Ireland 56
Ongoing research 59
The genesis of the Mediation Act 2017 61
The Mediation Act 2017 62
Conclusion 68
Chapter 5 Family mediation: the Scottish perspective Anne Hall Dick 75
Introduction 75
Context - the political, legal and cultural setting 76
The development of family mediation in Scotland 79
The relationship between family mediation and the civil justice system 82
The evolution of family mediation in Scotland with regard to practice, training and procedure 84
Conclusion 89
Chapter 6 Ethics and the family mediation process Lisa Webley 97
Introduction 97
The ethical underpinnings of family mediation 98
Ethical conduct and professional practice 100
Process ethics: mediator neutrality and/or impartiality as process virtues 102
Normative frameworks as protections for the vulnerable: the family mediator's role beyond process protections? 105
Conclusions 107
Chapter 7 Models, styles and third parties: a fresh look at three core concepts in family mediation Barbara Wilson 117
Introduction 117
Models and styles 118
Third parties 122
Of words and worldviews: how mediation is construed 130
Conclusion 131
Chapter 8 The meaning of power in family mediation: new forms and functions Marian Roberts 139
Introduction 139
What is power in this context? 139
Bargaining power 141
Early power critiques of mediation 143
Neutrality, impartiality and power 144
Theory, practice and power 147
Mediator authority and power 150
The special case of domestic abuse 151
New manifestations of power in family mediation 152
Conclusion 154
Chapter 9 Whose truth is it anyway? An imaginative reflection on the place of truth in family mediation Neil Robinson 161
Why might truth matter to mediators and their clients? 161
Mediation and communication in a global context: the current climate 162
What might the world learn from mediators about truth? 164
The truth about abuse 165
Assessment, capacity and truth 167
Truth and mediation intervention 168
Some theories, approaches and models 173
Conclusion - 'in the beginning is the conversation' 174
Chapter 10 The voice of the child in family mediation Lesley Allport 181
Introduction 181
Changing perceptions of the mid-1980s to late 1990s 182
New insights in the 21st century 187
The current picture 191
Conclusions 196
Chapter 11 Mediation in children's cases with a cross-border element - in particular, international child abduction, leave to remove and international contact Sandra Fenn Anne-Marie Hutchinson Angela Lake-Carroll 203
The legal context 203
Time constraints 204
Relevant articles of the Hague Convention 204
The socio-legal context and the introduction of family mediation 206
Reunite 207
Mediation in international child abduction matters 207
Establishing a mediation model for international child abduction 210
Screening and assessment 211
The Reunite mediation process 212
Use of new technologies 218
Conclusion 219
Chapter 12 We have the method but still there is so much to do: mediation for gender and sexually diverse relationships Maria Federica Moscati 227
Introduction 227
Sexual orientation, gender identity and mediation 229
Reshaping family mediation practices 235
Children in mediation 238
Concluding thoughts 242
Chapter 13 Creative paths to practice: helping new mediators to navigate the route to artistry Lorraine Bramwell 251
Introduction 251
Making better mediators 252
Training and regulation in the UK 254
The journey from trainee mediator to FMCA 259
The supported experience gap - challenges for mediators between training and accreditation 263
New approaches to gaining practice experience 265
Chapter 14 Teaching family mediation in higher education - what an academic family mediation course could look like Katherine Stylianou 273
Introduction 273
History and current relevance of a higher education course in family mediation 274
Indicative content 276
Conclusion 287
Chapter 15 Exploring the scope of family mediation in England and Wales Andrew Sims 295
Introduction 295
What constitutes family mediation in England and Wales? 295
The current understanding of family mediation in England and Wales 296
The evolution of family mediation in England and Wales 297
Changing family structures in England and Wales 298
Where is family mediation in England and Wales at now? 299
Adult sibling mediation 301
Family inheritance mediation 303
Public family law, including child care mediation 304
Elder mediation 305
Medical mediation involving children 307
Why are family mediators well equipped, and why is family mediation well suited, to deal with these broader family cases? 308
What should happen now? 309
Conclusion 312
Chapter 16 Domestic abuse and family mediation: what can an experienced mediator tell us? Tony Whatling, Interviewed by the editors 319
Index 357