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NZ: Retention of Lawyers in Family Court Mediation

 

Retention of Lawyers in Family Court Mediation will nullify Mediation process

The indication by the Justice & Electoral Select Committee that it will recommend retaining Lawyer for Child Lawyers in the early stages of Mediation is a guaranteed way to completely nullify the Alternative Dispute Resolution Mediation process proposed by the Family Court Review, says Steve Taylor, a Social Service Outcomes Researcher who presented a Family Court service outcomes submission to the Committee. “To attempt to merge adversarial parties such as Lawyers within a conciliatory Mediation setting has already been tried, and failed in other Family Court jurisdictions worldwide, and there is plenty of local Practice-based evidence that graphically illustrates that when Lawyers sit in on Mediation, the possibility of the Mediation parties securing a mutually agreeable settlement markedly decreases”. Read [more]

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