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THE LAW REFORM COMMISSION OF HONG KONG - page 7 / 360

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Part II - Non-adversarial Dispute Resolution Process

7.Introduction to Non-adversarial Dispute Resolution Process

Adversarial process

Mediation as a family dispute resolution process

Research on negotiation and settlement

Counselling, therapy and mediation

Roles of the mediator

Functions of a mediator

Misconceptions by lawyers of the role of the mediator

Research on the merits of mediation

Factors in the effectiveness of mediation

Recent review of research

8.Comparative Dispute Resolution Process:

England and Wales

Introduction

History of mediation

Children Act 1989 Practice Direction

Value of mediation

Divorce Law Reform

Newcastle research-child focused mediation

Family Law Act 1996

Green Paper on legal aid reform

Legal aid for family mediation

Family Law Act 1996 and mediation

Access to Justice - the Woolf report

Conclusion

9.Comparative  Dispute Resolution Process:

Australia and New Zealand

Australia

Jurisdiction

Aims and objectives of the Family Court

Mediation and the Access to Justice Report

Family Law Reform Act 1995

Counselling services of the Family Court

Court annexed mediation

Lawyer’s involvement in mediation

Mediation pilot project evaluation (1994)

Federally funded family mediation -

 Melbourne evaluation (1995)

Federally funded family mediation -

 Sydney evaluation (1996)

Domestic violence and mediation

Domestic violence policy of the Family court

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