Policy Press

Rethinking Family Mediation

The Role of the Family Mediator in Contemporary Times

By Rachael Blakey

This book, based on original research, highlights the evolving role of mediators who assist families without legal support. It offers a fresh perspective on access to justice, integrating court, mediation and other methods to address current challenges in family justice.

Over several decades, policies have made mediation a key part of the English and Welsh family justice system. As the process faces increasing demand from a diverse and complex client base, some argue for a return to a fully funded court system. However, this dominant view overlooks the longstanding problems with the court process, as well as the potential value of mediation.

This book, based on original research, highlights the evolving role of mediators who assist families without legal support. By doing so, it reveals a contemporary vision of family justice that addresses some of the challenges in today’s landscape.

Rachael Blakey is Assistant Professor of Law at the University of Warwick.

1. Introduction

Part 1: Tracking Family Mediator Practice

2. The Rise of Family Mediation in Law and Policy

3. The Limited Mediator

4. The Flexible Mediator

Part 2: An Empirical Study Into the Flexible Mediator

5. The Four Mediator Functions

6. Flexible Mediators and Family Justice

7. The Wider Barriers to Family Mediation Reform

8. Conclusion