|
|
ix | |
|
|
x | |
Authors' Note |
|
xi | |
Acknowledgements |
|
xii | |
|
|
xiv | |
|
|
1 | (19) |
|
|
2 | (8) |
|
|
2 | (1) |
|
Family dispute resolution |
|
|
3 | (3) |
|
|
6 | (4) |
|
The neoliberal transformation of the family justice system |
|
|
10 | (7) |
|
|
17 | (3) |
|
|
20 | (33) |
|
|
20 | (6) |
|
Qualifications, training, regulation and professional bodies |
|
|
21 | (1) |
|
Research and policy on family solicitors |
|
|
22 | (4) |
|
|
26 | (20) |
|
|
26 | (2) |
|
|
28 | (1) |
|
Qualifications, training, regulation and professional bodies |
|
|
29 | (5) |
|
Family mediation in practice |
|
|
34 | (1) |
|
Research on family mediation |
|
|
34 | (12) |
|
|
46 | (5) |
|
Qualifications, training, regulation and professional bodies |
|
|
46 | (1) |
|
The collaborative process |
|
|
47 | (2) |
|
Collaborative law in practice |
|
|
49 | (1) |
|
Research on collaborative law |
|
|
50 | (1) |
|
|
51 | (2) |
|
|
53 | (14) |
|
|
53 | (1) |
|
|
54 | (5) |
|
Creating an evidence base |
|
|
54 | (1) |
|
Exploring normative issues |
|
|
55 | (2) |
|
|
57 | (1) |
|
Subsequent policy developments |
|
|
58 | (1) |
|
Research design and methods |
|
|
59 | (8) |
|
Phase 1 The Quantitative national survey |
|
|
60 | (1) |
|
Phase 2 Qualitative Party and practitioner interviews |
|
|
61 | (3) |
|
Phase 3 Recorded Sessions |
|
|
64 | (1) |
|
|
65 | (2) |
|
4 Awareness of FDRs: The Policy Challenge |
|
|
67 | (17) |
|
Research findings on awareness |
|
|
69 | (9) |
|
|
70 | (4) |
|
|
74 | (4) |
|
The trials and tribulations of family mediation after LASPO |
|
|
78 | (4) |
|
|
82 | (2) |
|
5 Entering Family Dispute Resolution |
|
|
84 | (27) |
|
|
84 | (1) |
|
|
85 | (11) |
|
Exercising autonomy -- positive choice |
|
|
86 | (2) |
|
Limited autonomy -- constrained choice |
|
|
88 | (6) |
|
Mitigating constraint -- the importance of informed choice |
|
|
94 | (2) |
|
Screening for domestic violence |
|
|
96 | (11) |
|
|
98 | (3) |
|
Responding to disclosures of violence |
|
|
101 | (3) |
|
Party perspectives on MIAMs and mediation after experiencing domestic violence |
|
|
104 | (3) |
|
|
107 | (4) |
|
|
111 | (42) |
|
|
111 | (1) |
|
The experience of solicitor negotiation |
|
|
112 | (10) |
|
What parties liked about the solicitor negotiation process |
|
|
113 | (1) |
|
What parties did not like about the solicitor negotiation process |
|
|
114 | (1) |
|
Emotion and conflict in the solicitor negotiation process |
|
|
115 | (2) |
|
Experiences of solicitor negotiation in domestic abuse cases |
|
|
117 | (1) |
|
Gendered experiences of the solicitor negotiation process |
|
|
118 | (1) |
|
The role of the practitioner in solicitor negotiation |
|
|
119 | (1) |
|
Focus on children's welfare in solicitor negotiation |
|
|
120 | (2) |
|
Experience of the process of mediation |
|
|
122 | (16) |
|
What parties liked about the mediation process |
|
|
122 | (2) |
|
What parties did not like about the mediation process |
|
|
124 | (2) |
|
Gendered experiences of mediation |
|
|
126 | (1) |
|
Emotions and conflict in the mediation process |
|
|
126 | (3) |
|
Experiences of co-mediation |
|
|
129 | (2) |
|
Experiences of shuttle mediation |
|
|
131 | (1) |
|
The role of the practitioner in mediation |
|
|
132 | (3) |
|
Focus on children's welfare in the mediation process |
|
|
135 | (3) |
|
Experiences of the process of collaborative law |
|
|
138 | (9) |
|
What parties liked about the collaborative law process |
|
|
138 | (2) |
|
What parties did not like about the collaborate law process |
|
|
140 | (1) |
|
Experiences of the disqualification clause |
|
|
141 | (1) |
|
Gendered experiences of the collaborative law process |
|
|
142 | (1) |
|
Emotions and conflict in collaborative law |
|
|
143 | (1) |
|
Experiences of collaborative law in domestic abuse cases |
|
|
144 | (1) |
|
The role of the practitioner in the collaborative law process |
|
|
145 | (1) |
|
The collaborative process and children's welfare |
|
|
146 | (1) |
|
Participants' comparisons of FDR processes |
|
|
147 | (2) |
|
|
149 | (4) |
|
|
153 | (21) |
|
|
153 | (1) |
|
|
154 | (2) |
|
Satisfaction with outcomes |
|
|
156 | (3) |
|
|
157 | (1) |
|
The non-binding nature of mediated agreements |
|
|
158 | (1) |
|
|
159 | (6) |
|
|
160 | (1) |
|
|
161 | (1) |
|
|
162 | (1) |
|
Gendered reasons for settlement |
|
|
162 | (3) |
|
Longer-term outcomes -- improving communication and reducing conflict |
|
|
165 | (3) |
|
|
165 | (2) |
|
|
167 | (1) |
|
Cases that were not resolved by FDRs |
|
|
168 | (3) |
|
|
171 | (3) |
|
|
174 | (31) |
|
|
174 | (1) |
|
|
175 | (20) |
|
|
180 | (1) |
|
|
181 | (3) |
|
|
184 | (11) |
|
The encounter between party and practitioner norms |
|
|
195 | (1) |
|
The norms embodied in outcomes |
|
|
195 | (3) |
|
The relationship between norms and resolution |
|
|
198 | (2) |
|
|
200 | (2) |
|
|
202 | (3) |
|
|
205 | (7) |
Appendix 1 Summary of Project Information Available on UK Data Service |
|
212 | (2) |
Appendix 2 Summary of TNS-BMRB Omnibus Survey Methodology |
|
214 | (3) |
References |
|
217 | (12) |
Index |
|
229 | |