Mandatory mediation of family disputes: reflections from Australia

Abstract

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 th..