Families Matter

9th Australian Institute of Family Studies Conference

Melbourne, 9-11 February 2005

 

Proceedings

Andrew Bickerdike
Mediated post-separation parenting arrangements: A content analysis of two decades of file records

Since the introduction of family mediation in the early 1980s, there have been revolutionary changes in the legal and cultural contexts within which it operates. The Family Law Act has been altered to shift the emphasis from parental rights, to parental responsibilities, from "custody and access" to "residency and contact". Mediation has been promoted from an "alternate" (ADR) to a "primary" form of dispute resolution (PDR), with an accompanying emphasis on encouraging, and perhaps in the near future, mandating separating parents to utilise mediation rather than legal processes. The 2003 House of Representative "joint custody" Inquiry recommended even further emphasis is placed upon community sector based PDR to resolve parenting disputes. One of the striking gaps is a clear picture of what post-separation parenting arrangements are being made by separating parents who use mediation. Research evaluating outcomes of mediation has usually focused on agreement rates and client satisfaction levels. Mediation takes place in a confidential and privileged context and because many arrangements are not legalised they remain a private and inaccessible. In this paper, we report on a review of 20 years of mediation cases undertaken at Relationships Australia. Over 1,000 cases were examined to provide a detailed insight into the nature of mediated parenting outcomes, and how they may have evolved over time. Questions addressed include: Do mediated parenting outcomes reflect the so-called 80/20 standard? Or are shared parenting arrangements more common? Has the role of fathers, as measured by mediation outcomes changed over the past 20 years? Have some of the legal and cultural shifts been reflected in the outcomes of mediation? The results have a number of important implications for family law practice given the strong policy imperative towards mediation before adversarial contestation.

 

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