The Gap Between the Theory and Practice of All Issues Divorce Mediation in England and Wales

This article aims to show the differences between the literature on the foundations of the mediation process relating to ancillary matters in England and Wales, and the effective practice of this form of alternative dispute resolution. The article offers an overview of the classical approaches to the mediation process, exploring how different approaches can impact the outcome of the process. Presently, when alternative dispute resolution methods are, once again, in the spotlight, due to the recent changes in the Family Procedure Rules, it is necessary to understand the challenges faced by the mediation process. Most importantly, this article aims to demonstrate that despite the different theoretical approaches to the practice of mediation relating to ancillary matters, there is still a wide gap between the theory and the practice. There are specific causes, here discussed, for such a gap and differences between what is constructed as the mediation process and how that process is implemented in practice. This article argues that despite the great evolution of the divorce mediation process, and the several reforms of the divorce law, more needs to be done to assure parties that mediation can be a viable resolution path for their future.