Download this Paper Open PDF in Browser

Making a 'Genuine Effort' in Family Mediation: What Does it Mean?

Australian Journal of Family Law, Vol. 22, No. 2, pp. 102-122, 2008

Sydney Law School Research Paper No. 08/132

18 Pages Posted: 4 Nov 2008  

Hilary Astor

The University of Sydney Law School

Abstract

The Family Law Act now strongly encourages and, in some cases, mandates people who have a dispute about parenting to go to family dispute resolution. Before they can litigate they must make a 'genuine effort' to resolve the issues in family dispute resolution. Genuine effort is not defined in the Act. There are so many difficulties in defining it and implementing it that there must be some doubt about whether the genuine effort provisions of the Act will be implemented or avoided by family dispute resolution practitioners. This article suggests a definition of 'genuine effort' based on behavior. It is also suggests that family dispute resolution practitioners should develop a practice framework for 'genuine effort' to assist in its open, consistent and effective implementation. Some of the issues that arise in developing such a framework are suggested and considered.

Keywords: family law, mediation, mandatory mediation, genuine effort

JEL Classification: K10, K30, K41

Suggested Citation

Astor, Hilary, Making a 'Genuine Effort' in Family Mediation: What Does it Mean?. Australian Journal of Family Law, Vol. 22, No. 2, pp. 102-122, 2008; Sydney Law School Research Paper No. 08/132. Available at SSRN: https://ssrn.com/abstract=1294019

Hilary Astor (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Paper statistics

Downloads
416
Rank
57,693
Abstract Views
2,010