‘Mediators mediating themselves’

Tensions within the family mediator profession

Bibliographic Data

ID21495520
AuthorsRachael Blakey (0000-0002-2763-2257, University of Warwick, corresponding author)
Year2023
Volume43
Issue1
Pages139-158
Publication date2023-03-01
Open AccessYes
TypeARTICLE
VenueLegal Studies (JOURNAL)
Journal identifiersISSN: 0261-3875 • E-ISSN: 1748-121X
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/lst.2022.29
OpenAlexW4293200144
LanguageEN
Citations received3
References cited8

The demand for family mediation to adapt and change has risen sharply in the contemporary English and Welsh family justice system. This paper focuses on a crucial, yet overlooked, barrier to reform: the tensions felt within the family mediator profession. It first provides an important overview of the introduction of family mediation in the late twentieth century, highlighting the distinction between the traditional therapeutic mediator and the subsequent lawyer mediator. Recent anecdotal evidence suggests that friction exists amongst the two mediator sub-groups, similar to earlier tensions felt between lawyers and mediators. The remainder of this paper is based on an empirical study, comprising 17 interviews with family mediators, which confirms these tensions, as well as a lack of national identity across the profession. However, the data also reveal mediators’ desire for collaboration and community within the profession. The paper is hopeful that regulatory reform can help mediators to ‘mediate themselves’ going forward, and questions whether this transition is supported by a new hybrid mediator

Alternative dispute resolution · Economic Justice · Family mediation · Mediation · Mediator · Political science · Sociology · Elder Abuse and Neglect · Law · Legal principles and applications · Medicine · Multicultural Socio-Legal Studies · Psychology · Social Psychology

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