header-logo header-logo

Mediation: 50 years after Finer

05 July 2024 / David Burrows
Issue: 8078 / Categories: Features , Procedure & practice , Family , Mediation , Child law
printer mail-detail
180621
How is the law serving single parents & their children? David Burrows considers a half-century of reforms
  • The 1974 Finer report of the Committee on One-Parent Families aimed to improve the lives of single parents and their children.
  • This article considers the report’s recommendations and the legislative reforms that have taken place since—in particular, the court’s powers to order parties to engage in mediation.

It is June as I write; and finally, after 50 years and more, mediation is ‘busting out all over’, including in the Court of Appeal and in the Family Division. How did we get here? Why has it taken so long since the first Finer report thoughts of ‘conciliation’ in 1974 and the first conciliation service in Bristol in the late 1970s? And what of those 50 years since 1974?

On 2 July 1974, the report of the Committee on One-Parent Families, July 1974, Cmnd 5629, chaired by Sir Morris Finer, was published. Its recommendations were designed to alter for the better the lives of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
back-to-top-scroll