A critical analysis of family law mediation in England and Wales

Abstract

The focus for this thesis for the LLM by Research is Family Law Mediation in England and Wales. The research is looking at the system both as it stands currently as well as past changes made by the government. It starts by looking at where mediation stands within alternative dispute resolution and what the history of alternative dispute resolution entails. It then moves on to look at the place of mediation in the family law system. It is mainly looking at four major parts the first one being the introduction of The Family Law Act in 1996 and what impact this had on the stance of mediation. The second part is looking at the introduction of Mediation Information and Assessment Meetings and how successful they were at meeting increasing the mediation intake. Thirdly the research looks at the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and how this changed the legal aid available for family law and what this did for mediation. Finally the research also looks at what stance children have in the mediation process and whether mediation is a beneficial process for them. Throughout the thesis is critique and analysis of these aspects of mediation concluding with whether or not the current system meets the aims the government have for alternative dispute resolution and what the future of mediation holds.