Mediation Theory and Practice, Vol 1, No 1 (2016)

The place of the child in mediation: Paramount or vulnerable third party?

Mavis Maclean
Issued Date: 4 Jun 2016

Abstract


This article reviews the place of the law in child mediation, suggesting that recent interest in hearing the voice of the child needs to be accompanied by consideration of the best interests of the child as required under the welfare paramountcy presumption of the Children Act (1989) when a consent order is a possible outcome.

Download Media

PDF (Price: £17.50 )

DOI: 10.1558/mtp.v1i1.27527

References


Batagol, B. and Browne, T. (2011) Bargaining in the Shadow of the Law: The Case of Family Mediation. Annandale, Australia: Themis Press.


Child Dispute Resolution Advisory Group (2015) Final Report of the Voice of the Child Dispute Resolution Advisory Group. March. Retrieved on 16 April 2016 from www.gov.uk/government/uploads/system/uploads/attachment_data/file/421005/voice-of-the-child-advisory-group-report.pdf.


Family Justice Review Panel (2011) Family Justice Review: Final Report. November. London: Ministry of Justice, Department for Education and Welsh Government.


Family Mediation Council (2014) FMC Manual of Professional Standards and Self-Regulatory Framework. September. Retrieved on 16 April 2016 from www.familymediationcouncil.org.uk/wp-content/uploads/2014/09/fmc_standards_framework_manual.pdf.


Genn, H. (1999) Paths to Justice: What People Do and Think About Going to Law. Oxford: Hart Publishing.


Morris, P. (2015) Screening for domestic violence in family mediation: an investigation into how mediators manage disclosure of domestic abuse and associated emotions. Doctoral thesis, Brunel University.


Resolution (2014) Resolution Guides to Good Practice. Orpington: Resolution. Retrieved on 16 April 2016 from www.resolution.org.uk/site_content_files/files/guides_to_good_practice_2012_lo_res_merged.pdf.


Thoday, C., Trinder, L., Connolly, J. and Kellett, J. (2004) Families in contact disputes: a profile. Family Law 34(12): 877–81.


Refbacks

  • There are currently no refbacks.





Equinox Publishing Ltd - 415 The Workstation 15 Paternoster Row, Sheffield, S1 2BX United Kingdom
Telephone: +44 (0)114 221-0285 - Email: [email protected]

Privacy Policy