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Then, in a Practice Direction on Matrimonial Conciliation issued in 1971 by the President of the Family Division, conciliation was distinguished for the first time, both from reconciliation and from the preparation of welfare reports for the court (Parkinson, 1983). It is in the context of industrial relations, however, that conciliation as a form of alternative dispute resolution has had the longest history, dating from the Conciliation Act 1896. Following the Booth Report, continuing concern both about the current prevalence of divorce and that the divorce process was making things worse for couples and their children, resulted in the publication in 1988 by the Law Commission of ‘Facing the Future – A discussion Paper on the Ground for Divorce’ (Law Com.

Mediation and family therapy Mediation and family therapy are forms of intervention that also differ essentially in terms of their objectives, process and method, and theoretical assumptions. ) Family therapy posits a theoretical dimension, that of the system, different from those of the therapeutic interventions related to the individual. Family therapy has been described as a way of ‘conceptualizing the cause and cure of psychiatric problems’ (Haley and Hoffman, 1967, p. v). In the view of the family therapist, the ‘site of pathology’ is the family rather than the individual and the set of relationships within which that individual is embedded (Minuchin, 1974).

The husband refuted this interpretation vehemently and accused the mediator of partiality and lack of understanding. Consumer research in Britain has confirmed that the parties resent such aĴempts at psychological interpretation, regarding them as presumptuous and o en erroneous (Davis and Roberts, 1988). The therapist’s traditional ‘assumption of repressed feelings’ may be inappropriate in mediation (Saposnek, 1985, p. 45). This assumption derives from the belief that some emotional catharsis is necessary if ambivalence or other unresolved feelings about the divorce are to be sorted out.

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