Introduction
Lisa Parkinson’s second edition of her innovative book “Family Mediation, Appropriate Dispute Resolution in a new family justice system” comes out at a crucial time when family mediation in England and Wales is being given fresh prominence as a major (albeit independent) component of a new and evolving system of family justice. The new Family Procedure Rules (April 2011) and the Family Justice Review are promoting a participative family justice system that empowers individuals and encourages them to maintain autonomy in reaching their own agreements, with the court as the last resort, rather than the first recourse in any family conflict[1].
Dedicated to mediators, researchers and professionals everywhere who are involved in what the author defines as Appropriate (rather than Alternative) Dispute Resolution, the book focuses mainly on the role that mediation can play in easing communications between family members and helping them to resolve interpersonal conflicts, now and for the future.
* Plot Structure and Core Ideas
In the course of fourteen chapters, Lisa Parkinson draws from her multidisciplinary experience and approach to the development of family mediation over more than thirty years in a brilliant analysis of different models of family mediation, with a primary focus on promoting the well being of separating and separated families – children as well as parents.
Furthermore, she stresses the paramount importance of language, communication and interculturality in the management of family conflict resolution, advancing the idea that a mediation process should be a kind of “choreography of communications”[2].
The core ideas of this kaleidoscopic book contain a wide variety of references to literature, philosophy and music, paving the way for interdisciplinary reflections that may be summarised as: the notion of the family as a whole and of families in transition; the central place given to emotions; mediation as a multidisciplinary process of “becoming and being”, and finally the primary role of interculturality.
* The family as a whole
In considering the family as a whole, the author puts a special emphasis on children as individuals who have feelings and needs of their own, rather than being extensions of each parent. As subjects of rights and family members, children “need to be listened to, rather than [being considered as] objects of welfare with no voice of their own”[3].
In a family mediation process, Lisa therefore encourages careful consideration of children’s perspectives and stresses the need to provide ways of communicating with children, in order to help parents reach agreements that incorporate the voice of the child.
* Families in transition
The notion of families in transition from one family structure to another raises the idea that families continue, despite separation and divorce. A separated family is still a family because “the family may be changing but it still exists”[4], asserts the author. Hence, the fluid notion of family that she puts forward highlights the importance of parental responsibility as well as the necessity of nurturing relationships between parents and their children once a marriage or cohabitation comes to an end. In addition, she stresses the importance of the management of the dynamics of change in situations of family conflict, considering the fluid structure of separated families as an opportunity for growth and ending negative cycles of communication and behaviour.
* The central role of emotions in the management and resolution of family conflicts
All human beings comprehend and experience reality in a subjective way through their senses and perceptions: we are what we see, hear, feel, smell, taste and touch. Emotions, therefore, play a central role in the way we construct the world and react to life’s constant changes. In situations of family conflict the author therefore puts a primary focus on emotions and the way they influence the management and resolution of conflict. Negative as well as positive emotions, she believes, are deeply involved in the renegotiation of new relationships, the reconstruction of different and flexible family structures and of all the selves who take part in these transformations.
* Mediation as a multidisciplinary process of becoming
A mediation process takes place within interrelated cultural, social and legal contexts. Mediators are used to working at the interface between these interwoven contexts and should be able, the author suggests, to bring interdisciplinary knowledge and multidisciplinary understanding. This multidisciplinary approach to any family mediation process offers, in the author’s view, the best way of helping people, especially parents, to communicate and listen to each other and, in doing so, to reach their own agreed decisions.
* The primary role of interculturality
Recognising the limitations of a mono-cultural perspective in the management and resolution of family conflicts, the author highlights the importance of taking into consideration the role that cultural diversity plays in a family mediation process.
As different cultural factors and norms deeply influence the couple’s ability to negotiate and reach agreements, she is firmly convinced that any mediation process should respect cultural diversity and be open to the understanding of different cultural and ethnic traditions. As a result, she advocates an intercultural model of family mediation not dominated by mono-cultural and hegemonic social traditions and values.
* Conclusions: future directions and concrete needs
Lisa Parkinson ends the book with wider reflections on the European context and international cross-border mediation, describing some current initiatives (including ISS projects), future directions and concrete needs.
Firstly, as regards the European context, she sees family mediation in Europe in terms of a “changing patchwork quilt or mosaic whose pieces have recurring patterns and colours, but they are not woven uniformly to a single design and some pieces are missing”[5]. On this basis, she considers that “a variegated patchwork that recognises cultural differences is preferable to uniformity”[6].
Secondly, with respect to international cross-border mediation, she emphasises that it needs “to be readily available, quickly accessible and used more widely”[7].
Finally, in a future-oriented perspective, she highlights the need to increase public awareness and acceptance of mediation, as well as finding ways of working together across frontiers – locally, professionally and globally.
[1] See the new
Family Procedure Rules in force in April 2011.
[2] J. Melamed in Lisa Parkinson, Family Mediation, Appropriate Dispute Resolution in a new family justice system, 2nd edition, Jordan Publishing Limited, Bristol, 2011, p. 373.
[3] Lisa Parkinson, 2011, p. 221.
[4] Lisa Parkinson, 2011, p. 152.
[5] Lisa Parkinson, 2011, p. 346.
[6] Ibid.
[7] Ibid., p. 363.