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Bargaining in the Shadow of the Law

Bargaining in the Shadow of the Law

The Case of Family Mediation

By Becky Batagol and Thea Brown


This book is a first-ever study of the role of law in family mediation. Written by two well-known Australian researchers in family dispute resolution, it uses real family mediation cases to explain what kind of protection from exploitation the law offers negotiators in informal processes. It helps us to better understand how private negotiations in family law work.

In the current Australian and international family law environment, there is an almost universal emphasis upon separating families taking responsibility for resolving disputes themselves in a non-adversarial manner. In the context of such a sustained policy focus, the question of whether separating families use and are protected by the law in private settlement remains central to understanding the fairness of the system. Ultimately the book questions the success of recent family law reforms.

This book will be of interest to policy makers, the legal profession, family dispute resolution practitioners, mediators, community organisations involved in family service provision, family law service providers as well as academics interested in family law, dispute resolution and the interrelationship between law and society.


Introduction and Research Summary
Family Mediation and the Law
The Shadow of the Law: The Relationship Between Law and Family Mediation
The Case Studies
Decisions to Mediate
The Family Mediation Process
Negotiated Agreements

Published 22 March 2011
Publisher Themis Press
ISBN 9781921113031
Australian RRP $64.95
International Price $60.00
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Out of print

Family Studies
Law - Alternative Dispute Resolution
Law - Family

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