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DIRECTION OR CONCILIATION
Author(s) -
Pappas Demetra M.
Publication year - 1993
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.174-1617.1993.tb00308.x
Subject(s) - conciliation , legislation , law , political science , residence , popularity , intervention (counseling) , administration (probate law) , dispute resolution , power (physics) , sociology , psychology , mediation , physics , demography , quantum mechanics , psychiatry
The divorce custody reform and alternative dispute resolution movements have gained popularity with, and become intertwined by, legislators and adjudicators on both sides of the Atlantic Ocean. In this article, the theoretical strands of comparative divorce reform law and the Children Act 1989 are disentangled, and the threads of different factual situations—developed during 27 Preliminary Directions Hearings conducted in Englan?s Croydon County Court—are woven in. Hearings were initially meant simply to determine whether residence and access petitions could be resolved informally, without judicial intervention. The study, conducted shortly after the effective date of the legislation (October 14, 1991) quickly revealed distinct patterns in the proceedings. Faulty administration by the court resulted in chaos, undermining the efficacy of the program. Gender issues and power imbalances were often unintentionally amplified, rather than mitigated. Finally, the proceedings changed substantially during the 12‐week period of study, resembling Hearing Directed Conciliation by the end.