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Book Review - "Mediating with Families" - review by Joe Harman

Wed, 15/07/2009 - 11:52pm — Ann Fieldhouse

 

  • Mediating withe Families 2nd Edition - Linda Fisher and Mieke Brandon
  • Nearly any dispute can be mediated and most sectors of Australian Society are now familiar with mediation-from Local Court civil claims matters through employment and compensation proceedings to the Armed Forces.
  • But mediating with families is different. Mediation involving families addresses:
  • * far more complex and intertwined relationships than a commercial dispute
  • * more intangible (and, when dealing with children, important) subject matter
  • * people and relationships beyond the parties to the dispute and the myriad of stakeholders, some involved and some not, in the negotiation and outcome
  • * very real and human consequences which can profoundly affect the development and future of children and thus have generational repercussions.
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  • In Mediating with Families Linda Fisher and Mieke Brandson recognise and acknowledge the fundamental uniqueness and diversity of disputes involving families and, by so doing, commence a comprehensive dialogue regarding mediation and families. The discussion around these issues is practical, authorative and, most importantly, responsive to the strengths and skills of the mediator/practitioner and sensitive to the needs of and respecting family participants.
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  • The text commences logically by setting the context of the family-both intact and separated. These themes are returned to throughout the text and with a view to the mediator reflecting upon and increasing their own skills and being conscious of their own beliefs and experiences. In discussing these issues, in particular, Linda and Mieke’s experience shine through-like all good mediators they don’t proffer the solution to all questions but ask the right questions to help the reader find the answer that works for them (together with the resources within the text to inform those decisions).
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  • In discussing the various models of mediation available Linda and Mieke sub consciously reflect the spirit and intention of the regime of mandated mediation operating in Australia in 2009-the mediator must step beyond rigidity and must shape and manage a process that is responsive to the needs of and able to engage parents. Rigid models of services delivery take ownership of the process away from the family participants.
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  •  Regulation 29 requires a flexible response and this text should, perhaps, become compulsory for all FDR practitioners and, more importantly, managers and supervisors within FDR services (as well as for those undertaking the Vocational Certificate). It will certainly become a reference text within my teaching and supervision.
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  • The comprehensive discussion of practical considerations is enormously usefully and combined with practical and reflective exercises. Completing these is time well spent and will engage even the most experienced practitioner to challenge their own service delivery and mediation strategies. The value for less experienced practitioners is equal and will provide a more than useful guide and reflective tool that can and should be returned to as a supervision exercise over time.
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  • One of the greatest strengths of this text is its ability to speak to practitioners at all levels of experience. The language, befitting of leading family mediators, is accessible and inclusive and thus able to engage and guide the novice whilst posing questions on a deeper level for the experienced practitioner who will be able to use the text as a self reflective learning tool.
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  • In practical terms Chapters 9-12 and the excellently written appendixes, in particular, have the potential to become (and should become) a standard practice guide. Highlighting, as they do, the day to day mechanics of an FDR practitioner’s work, they represent a body of work that can greatly inform the practice of family dispute resolution within Australia (and beyond).
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  • This text should be in the library of each FRC, FDRP and RTO. It provides an excellent and comprehensive discussion of all relevant subject matter and offers the basis for a far more flexible and informed style of mediation specifically focused upon families and their issues and providing the basis for engaging, rewarding and successful practice.
  • Joe Harman