A call for a safe model of family mediation

Research output: Contribution to journalArticleResearchpeer-review

Abstract

The Australian family law system has struggled for many years to provide processes and procedures that areless adversarial, and which ensure access to justice and fair outcomes for those needing to negotiatearrangements for their post-separation family lives. These challenges are exacerbated, and dealt with least well,in contexts where there is a history of domestic violence (‘DV’). Since 2011 and the launch of the FamilyViolence Bill by the then Attorney-General the Hon Robert McClelland, the Federal Government has oftenexpressed its commitment to addressing family violence and ensuring post separation agreements are safe.However, a key and proven initiative, the Coordinated Family Dispute Resolution model — a model that hasthe potential to offer a safe(r) family mediation environment in DV contexts — has not been made accessibleto the Australian public. This comment argues that the Australian government has a social and ethicalresponsibility to introduce this model to the family law system.
Original languageEnglish
Pages (from-to)83-88
Number of pages6
JournalBond Law Review
Volume28
Issue number1
Publication statusPublished - 2016

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Cite this

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title = "A call for a safe model of family mediation",
abstract = "The Australian family law system has struggled for many years to provide processes and procedures that areless adversarial, and which ensure access to justice and fair outcomes for those needing to negotiatearrangements for their post-separation family lives. These challenges are exacerbated, and dealt with least well,in contexts where there is a history of domestic violence (‘DV’). Since 2011 and the launch of the FamilyViolence Bill by the then Attorney-General the Hon Robert McClelland, the Federal Government has oftenexpressed its commitment to addressing family violence and ensuring post separation agreements are safe.However, a key and proven initiative, the Coordinated Family Dispute Resolution model — a model that hasthe potential to offer a safe(r) family mediation environment in DV contexts — has not been made accessibleto the Australian public. This comment argues that the Australian government has a social and ethicalresponsibility to introduce this model to the family law system.",
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A call for a safe model of family mediation. / Field, Rachael M.

In: Bond Law Review, Vol. 28, No. 1, 2016, p. 83-88.

Research output: Contribution to journalArticleResearchpeer-review

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AB - The Australian family law system has struggled for many years to provide processes and procedures that areless adversarial, and which ensure access to justice and fair outcomes for those needing to negotiatearrangements for their post-separation family lives. These challenges are exacerbated, and dealt with least well,in contexts where there is a history of domestic violence (‘DV’). Since 2011 and the launch of the FamilyViolence Bill by the then Attorney-General the Hon Robert McClelland, the Federal Government has oftenexpressed its commitment to addressing family violence and ensuring post separation agreements are safe.However, a key and proven initiative, the Coordinated Family Dispute Resolution model — a model that hasthe potential to offer a safe(r) family mediation environment in DV contexts — has not been made accessibleto the Australian public. This comment argues that the Australian government has a social and ethicalresponsibility to introduce this model to the family law system.

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