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Rethinking Family Mediation

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Over several decades, policies have made mediation a key part of the English and Welsh family justice system. As the process faces increasing demand from a diverse and complex client base, some arg...
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  • 25 March 2025
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Over several decades, policies have made mediation a key part of the English and Welsh family justice system. As the process faces increasing demand from a diverse and complex client base, some argue for a return to a fully funded court system. However, this dominant view overlooks the longstanding problems with the court process, as well as the potential value of mediation.

This book, based on original research, highlights the evolving role of mediators who assist families without legal support. By doing so, it reveals a contemporary vision of family justice that addresses some of the challenges in today’s landscape.

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Price: $119.95
Pages: 256
Publisher: Bristol University Press
Imprint: Bristol University Press
Series: Perspectives on Law and Access to Justice
Publication Date: 25 March 2025
ISBN: 9781529232967
Format: Hardcover
BISACs: LAW / Family Law / Divorce & Separation, Family law: marriage, separation and divorce, LAW / Child Advocacy, LAW / Family Law / Children, Family law: children, Arbitration, mediation and alternative dispute resolution
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“A vital addition to the literature tracking mediation’s increasingly central role in contemporary family justice. Its original empirical evidence and analysis provide new, valuable insights and greater conceptual understanding of the ‘flexible’ family mediator.” Anne Barlow, University of Exeter

"A welcome attempt to add to evidence-based understanding of the practice of family mediation." Mavis Maclean, University of Oxford

Rachael Blakey is Associate Professor of Law at the University of Warwick.

1. Introduction

Part 1: Tracking Family Mediator Practice

2. The Rise of Family Mediation in Law and Policy

3. The Limited Mediator

4. The Flexible Mediator

Part 2: An Empirical Study into the Flexible Mediator

5. The Four Mediator Functions

6. Flexible Mediators and Family Justice

7. The Wider Barriers to Family Mediation Reform

8. Conclusion