ABSTRACT
This chapter considers mediation within its legal-judicial context and, more specifically, critically examines the ways in which the involvement of lawyers and judges may shape the processes, experiences and outcomes of mediation for parents. County court mediation takes place primarily on court premises, district judges are directly informed of the outcome and substance of the mediation meeting, and solicitors are more often than not present during mediation. As Walker points out, the expectation to engage a lawyer has been strongest in the case of comprehensive or all issues mediation, mainly because of the particular expertise that solicitors possess in regard to financial matters. Parents attending county court mediation are normally accompanied by their respective legal representative and contact often continues for some time after mediation. The fact that judges are able to be prescriptive in regard to contact and residence arrangements for children is likely to act as a significant 'incentive' for parents to reach agreement during mediation.
