In the Preface to our first study of the main legal personnel involved in the
provision of family justice, Family Lawyers: the Divorce Work of Solicitors
(Hart Publishing, 2000), we wrote that from about the mid-1990s,
the nature of the debate about legal processes in relation to family matters
seemed to have changed. ‘What did seem different … was the intensity of
feeling that the legal process had not simply gone wrong, or was in need
of improvement, but that it was somehow in its nature completely inappropriate
as the mechanism for dealing with family disruption and
conflict’. We therefore thought it important to assemble empirical evidence
so that ‘if significant change was to be brought about … we should at least
understand rather better what it was we would be departing from’. It was
with this objective that we examined the work of solicitors in that book,
followed later with a description of the relevant work of barristers (Family
Law Advocacy: How Barristers Help the Victims of Family Failure (Hart
Publishing, 2009)) and the judiciary (Family Justice: The Work of Family
Judges in Uncertain Times (Hart Publishing, 2013)).
Our sense that a sea-change was occurring in at least official perceptions
of the nature and place of law in family matters where the state was
not directly involved has been amply confirmed in the years that followed.
Official action could not prevent individuals consulting lawyers or using
legal processes (though compulsory attendance at Mediation Information
and Assessment Meetings was intended to signal the availablity of an enticing
alternative), but they could withdraw financial support from those who
needed it for those purposes. So when pressures for financial constraint following
the financial crisis of 2008 bore down on legal aid funding, private
law family legal services were an obvious target. This did not seem to be a
purely financial policy. It seemed to be driven also by the attitude we had
noted in the 1990s that the law was out of place in this area. This seems to
be confirmed by official attempts to encourage the use of mediation in its
place, even by making some public funding available for this purpose. Yet,
despite the enthusiasm and energy of its advocates, family mediation was an
unproven procedure and lacked a coherent institutional framework. There
were even sharp divisions about important aspects of its practice.