ABSTRACT
Conciliation as an alternative dispute resolution process in separation and divorce is relatively new, particularly in this country. The last fifteen years have witnessed a burgeoning interest in alternative dispute resolution in general, reflecting a movement away from the use of adversarial legal processes except as a ‘last resort’, towards more participative processes designed to contain and reduce conflict. Conciliation is best known as the preferred way to settle industrial disputes, 1 but in recent years its use in settling family and community disputes has increased. Sander (1984) has pointed out that family disputes have a number of special characteristics which must be taken account of if conciliation is to be effective:
In family disputes there are usually continuing and interdependent relationships. It is therefore important that the dispute settlement process should facilitate constructive relationships for the future.
Additionally, family disputes usually involve emotional, personal relationships, and feelings can mask the true nature of the dispute. In Sander’s view, it is important that disputants should be able to express these feelings if they are not to feel dissatisfied with the outcome.
Family disputes, particularly in relation to marital break-up, frequently involve other family members, notably children, who are not usually included directly in the dispute resolution process, but whose interests may be considered paramount, thus requiring them to be protected in some way.
