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Mapping paths to family justice - briefing paper and report on key findings

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2014

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Abstract

The Family Justice System is undergoing radical change and part of the shifting 
\nlandscape involves the encouragement towards settling Family Law disputes outside 
\ncourt. The Mapping Paths to Family Justice study has been an independent 3-year 
\nESRC-funded academic research project undertaken by the Universities of Exeter and 
\nKent, beginning in July 2011. The project’s central aim was to provide much needed 
\nevidence about the awareness, usage, experience and outcomes of the different 
\n‘alternative’ or ‘out of court’ Family Dispute Resolution processes (FDRs). The 
\nrefocusing of legal aid for private family law disputes on mediation, following the 
\nwithdrawal of public funding for legal advice and court representation in such cases 
\n(other than in a narrow band of situations) by the Legal Aid, Sentencing and 
\nPunishment of Offenders Act 2012 (LASPO), has increased the relevance, importance 
\nand topical nature of this research to family policy and practice in this field, alongside 
\nacademic debates. When the project was designed, the principal methods of resolving 
\ndisputes without going to court were Solicitor Negotiation, Mediation and Collaborative 
\nLaw and these are therefore its focus. Against this background, this Briefing Paper sets 
\nout the study’s aims and methods before reporting on the main findings to its research 
\nquestions.