New Zealand's family court - reflections for the Family Law Act of England and Wales

The proposals for mediation and the emphasis on party autonomy for resolving disputes between divorcing spouses contained in the Family Law Act 1996 of England and Wales are examined in the light of the experience of New Zealand's Family Court. A number of issues and concerns are raised including the nature of mediation and the role of the mediator; the distinction between mediation and counselling; the distinction between mediation and adjudication; imbalance of power concerns and the role of children in mediation.