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Family mediators and lawyers communicating about children: PDR-Land and Lawyer-Land
Tom Fisher
School of Law and Legal Studies, La Trobe University, VIC
Abstract
What follows is the text of a simulated dialogue between a person practising as a child-focused mediator/conciliator, who is attempting to resolve a parenting dispute, and a family lawyer, who is acting on behalf of one of the disputants, Carina, concerning a client with whom they are both working.
The dialogue, part of the 'Children in Focus' national training program, was designed to highlight examples of differing perceptions held by the two professionals and to suggest ways in which primary dispute resolution (PDR) practitioners may take the lead in building bridges between a predominantly legal subculture focused on individual rights (which I have termed 'Lawyerland') and a predominantly conciliatory culture focused on systemic child-focused solutions (termed 'PDRland').
At strategic points, the dialogue was interrupted and participant feedback was solicited. Invariably, there ensued a lively conversation among participants, often reflecting differences between those with legal and counselling/mediation backgrounds.
It is suggested that this article be read in conjunction with the article by Fisher and Pullen in the April 2003 issue of this journal, which provides an introduction to the legal context in which family separation takes place in Australia.
Keywords
children, mediation, primary dispute resolution, litigation, divorce, family law
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