Family Mediators and Family Mediation: When Norms Collide

Abstract

Abstract We consider the nature of family mediation and the role of the family mediator in England and Wales in situations in which the cultural and/or religious tradition(s) of those involved may collide, for example when understandings of the law of England and Wales and of Muslim law may appear to some to point in different directions. We examine issues such as the family mediator’s approach to negotiation facilitation, the role of the law and other norms including cultural and religious norms that are strongly held by one or more of those involved in the negotiation and the presence or absence of the voices of other members of the family within the mediation setting. We consider the ethical dilemmas the family mediator may face in a situation where there is an apparent power or knowledge imbalance and/or where the family mediator may be bound by competing expectations about their role including professional body obligations. Throughout we examine how the ethos of mediation, including its underpinning value of mutualism, and the challenges this can lead to where there is normative disagreement between the parties or substantial power imbalances, are evidenced within Sharia councils’ family mediation practices.