Policy, Practice, and Politics: Bargaining in the Shadow of Whitehall

Janet Walker, Osgoode Hall Law School of York University
Sherrill Hayes

Abstract

Fascination with the potential benefits of family mediation began in the UK in the mid-1970s. Thirty years on this fascination continues, despite the fact that relatively few divorcing couples use mediation. Constructive problem-solving is viewed as infinitely superior to litigation, although there are few studies which robustly test this assumption. Policymakers and practitioners continue to look for ways of promoting family mediation and encouraging couples to settle their differences through mediation rather than in court.