Lawyers and mediators : the brave new world of services for separating families / Mavis Maclean and John Eekelaa.
2016
KD764 .M325 2016 (Map It)
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Details
Author
Title
Lawyers and mediators : the brave new world of services for separating families / Mavis Maclean and John Eekelaa.
Published
Oxford, United Kingdom ; Portland, Oregon : Hart Publishing, 2016.
Call Number
KD764 .M325 2016
ISBN
9781509904822 (hardback : alk. paper)
1509904824 (hardback : alk. paper)
9781509904846 (Epub)
1509904824 (hardback : alk. paper)
9781509904846 (Epub)
Description
viii, 162 pages ; 24 cm
System Control No.
(OCoLC)922910647
Bibliography, etc. Note
Includes bibliographical references (pages 149-155) and index.
Available in Other Form
Online version: Maclean, Mavis, author. Lawyers and mediators Oxford ; Portland, Oregon : Hart Publishing Ltd, 2015 9781509904846 (DLC) 2015042676
Record Appears in
Added Author
Table of Contents
Preface
v
1.
Family Legal Services and the State
1
I.
Family Law, the Role of Solicitors and Legal Aid
1
II.
Legal Aid and Family Matters
5
III.
Mediation and the Abandonment of Legal Support
14
IV.
Impact of the Legal Aid Changes of April 2013 on Services for Individuals Contemplating Separation
16
V.
Consequences of Lack of Representation
20
VI.
What Follows
23
2.
Marketisation of the Legal Profession
24
I.
Deregulation and Freeing the Market
24
II.
New Questions
27
III.
Changing Market for Divorce-Related Services
28
IV.
What are Family Law Solicitors Offering to Prospective Clients?
34
V.
Online Divorce Services: Extending the Boundaries of Lawyers' Services?
37
3.
What Solicitors are Doing
44
I.
Study Methodology: Observing Solicitors
44
II.
Observational Data
48
III.
Conclusion
68
4.
Organisation and Aims of Mediation in England and Wales
69
I.
Organisation
69
II.
Qualifications and Training
74
III.
Codes of Practice
79
IV.
Does Mediation only Deal with Disputes?
81
V.
Information and Advice
83
VI.
Children
87
VII.
What Follows
91
5.
Practice of Family Mediators I: Non-Lawyers
92
I.
Group 1: Non-Lawyer Mediators Working in Non-Legal Settings
93
II.
Group 2: Non-Lawyer Mediators Working in Legal Settings
101
III.
General Observations
108
6.
Practice of Family Mediators II: Legally Trained Mediators
110
I.
Group 3: Mediators who were Qualified Solicitors but were no Longer Practising
110
II.
Group 4: Lawyer Mediators Practising Mediation and Law in a Legal Setting
115
III.
What Follows
120
7.
Towards an Integrated Service?
121
I.
Types of Mediation
122
II.
Who is the Client?
127
III.
Proposal: `Legally Assisted' Family Mediation
129
IV.
ADR Continuum
137
V.
Finally---Legal Aid
147
Bibliography
149
Index
157