Abstract
This research is motivated by the rise of alternative dispute resolution (ADR)methods and by the very nature of family dispute; in the Family Courts litigants used to argue, this not being proper. The system of family mediation places particular emphasis on the trend of ADR. Through the pilot period in all the courts of our country, we have developed little by little our own family mediation system. This system has been initiated into practice but still requires further survey and research. To start off with, this study examines the status and value of family mediation in our law policy and legal principle. This examination also involves an analysis of a series of issues which include: · the domestic mediation regulations, · the meaning, · the difficulty, · the obstruction, · the gravity, · the ethical issues, · the pros and cons of family mediation. Furthermore, the essay has delved with the practical aspects of domestic family mediation, the exotic family mediation mode, the required qualifications, the licensed process of foreign mediators, and a survey of the UK family mediation system. To achieve its purpose, this study has adopted a quantitative research method by the use of questionnaires that explore the ethical conception and behaviour of 17 domestic Family Courts mediators, judges and administrators. From the statistical data that have been gathered from totally 189 valid questionnaires, this study has analysed the scenario of the ethical conception and behaviour of the workers involved in family mediation. On the basis of this examination, the essay concludes by affirming the positive value of family mediation through an analysis of the family law policy and legal principle, the domestic and foreign surveys, and the adoption of the ADR approach. The essay recommends the reform of the family law and the enhancement of the family-mediation-workers’ training on · the “inform & consent”, · the impartial attitude, · the avoidance of illegal interests, · the respectfulness to clients’ will, · the conception of sexual equality, · the aid to underprivileged clients. Proper training on these issues will ameliorate our family mediation system. Finally, the essay raises important points for future research.