Geraldine Morris debunks some mediation myths & says it’s time for some creative thinking
As we come to the end of the current decade it is notable that the options for resolving issues on relationship breakdown have significantly widened. In the nineties the majority of family lawyers only had two methods of dispute resolution available to them—negotiation and court proceedings.
Alternative dispute resolution (ADR) has entered the mainstream to the extent that there is now discussion as to whether it should be called “alternative” at all. But is the original form of ADR—mediation—being eroded by the newer form of collaborative law?
A relative newcomer to the ADR arena, collaborative law was given a significant boost recently when the Legal Services Board confirmed that it would be incorporated into the family specification with effect from October 2010.
Mediation has been compulsory for clients seeking public funding for some time but may not always be appropriate because of, for example, domestic violence or because the non-publically funded party won’t attend mediation.
Mediation myths
Mediation has failed to take off to the extent anticipated
