NCJ Number
101263
Journal
Mediation Quarterly Issue: 11 Dated: (March 1986) Pages: 69-82
Date Published
1986
Length
14 pages
Annotation
This article critically examines some commonly held assumptions about the nature of conciliation in England and the preferability of divorce mediation to litigation.
Abstract
Contrary to often-accepted notions, conciliation can include reconciliation of couples, may be applied to situations other than divorce, and may (by definition) be conducted by solicitors as well as mediators. Further, the goal of mediation should not be limited to protecting the interests of children of divorcing couples, but should focus more broadly on enabling families to work out balanced decisions. It is also important to recognize that a therapeutic or legal orientation to conciliation and the associated values and expectations may distort the mediation process. Also important is the recognition that mediation may not be prefereable to litigation in all cases, especially where the balance of power between parties is unequal; and that parties may seek conciliation for reasons other than a desire to reach a fair, cooperative settlement. Further, while conciliation is considered a voluntary process, some procedures adopted by the< courts and registry come very close to mandatory conciliation. Finally, it may not be safely assumed that children will benefit from the arrangements worked out by their parents. However, a family systems approach can aid mediators in helping families and children reach some equilibrium. 29 references.