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“Mediation in Divorce: Does the Process Match the Rhetoric?”

Walker, J
June 4, 2015

Source: (1992) In: H. Messmer and H.-U. Otto (eds.), Restorative Justice on Trial: Pitfalls and Potentials of Victim-Offender Mediation: International Research Perspectives. Dordrecht, NETH: Kluwer Academic Publishers, pp. 475-490.

There has been a dramatic increase in the application of mediation to the resolution of matrimonial disputes. With the dual aims of settling child-related issues and of reducing conflict between separating parents, mediation has sought to cross the boundary between law and social welfare. This paper discusses recent research in England and Wales that has highlighted the shortcomings in current mediation practice, and the dilemmas that face mediators in their attempt to find an alternative to the adversarial legal process. Such dilemmas are not exclusive to divorce mediation bur are characteristic of mediation in criminal justice processes, pointing to the need for more comprehensive research on mediation generally.


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