Mediation Has Emerged As An Important Tool In Resolving Family Disputes, Offering AConstructive Alternative To Traditional Litigation. As An Alternative Dispute Resolution(ADR) Mechanism, Mediation Focuses On Collaboration And Communication, Aiming ToHelp Families Reach Amicable Agreements Without The Adversarial Environment Of TheCourtroom. In This Discussion, We Assess The Role Of Mediation In Family Law, ItsBenefits, Challenges, And Overall Effectiveness In Addressing Family Conflicts

Abstract

Family mediation emerged in the 1970s and 1980s in response to widespread dissatisfaction with traditional adversarial legal process. The hope was that mediation would transform separation and divorce from an acrimonious and draining experience to a collaborative, problem-solving endeavor resulting in better outcomes for divorcing parties and especially their children. While an initial surge of enthusiasm drew many mental health professionals, lawyers, and others to seek training and to establish a mediation practice which emphasized collaborative approaches to negotiations, the realities of the divorce process and the legal system often made it difficult to put these goals into practice. This chapter explores the barriers that arose to achieving the early vision of family mediation, the successes and failures experienced in embedding mediation into the divorce process, and how these have influenced modern-day family dispute resolution practice.