DUCK, Chloe Smith (2020). A critical analysis of family law mediation in England and Wales. Masters, Sheffield Hallam University. [Thesis]
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Duck_2020_LLM_CriticalAnalysisFamily.pdf - Accepted Version
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Duck_2020_LLM_CriticalAnalysisFamily.pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.
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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.
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