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Explain and assess the role of mediation in the legal resolution of family breakdown
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Student ID: 316553 December 2002 FAMILY LAW: ASSESSED ESSAY #3 EXPLAIN AND ASSESS THE ROLE OF MEDIATION IN THE LEGAL RESOLUTION OF FAMILY BREAKDOWN WORD COUNT: 1,649 Introduction - what is mediation? The process of divorce is often lengthy, sometimes expensive and usually (as a result of a fault-based divorce system) confrontational. Mediation, an optional part of this process, is designed to enable couples to obtain a divorce order under their own terms, hopefully with minimal anxiety. It is defined by the Government White Paper on divorce reform as a procedure 'in which an impartial third person, the mediator, assists couples considering separation or divorce to meet together to deal with the arrangements which need to be made for the future'1. Its aim is not to persuade a couple to rescue a marriage, rather to assist the parties in deciding how to approach the future2. Alternatives to mediation: A choice for divorcing couples currently exists between mediation and...
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