ABSTRACT
This chapter provides the 'defining context' within which mutual actions, expectations and decisions occur. A mediator working in the context of family disputes needs to have an understanding of the substantive law and of the legal procedures relating to family matters, divorce in particular, and how these frame negotiations. Family mediation was introduced as the major element in the development of a more constructive approach to the problems of marital breakdown. In line with the Children Act 1989, the proposals extended to divorce the principle that primary responsibility for decision-making should lie with the parties themselves. The risk of violence to children was reduced and their interests given greater consideration in Magistrates Courts as well as County and High Court proceedings. In contrast, parental responsibility gives significance to the everyday practical responsibilities of caring for children - bringing up the child, caring and making decisions.
