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- Title
A RELATIONAL MODEL OF FAMILY LAWYERING: EXPLORING THE POTENTIAL FOR EDUCATION, PRACTICE AND RESEARCH.
- Authors
Howieson, Jill; Priddis, Lynn
- Abstract
This article responds to what seems to be a "hot" millennium topic in the family law environment--namely the nature of the relationship between the family lawyer and the client. It proposes a model of family lawyering that puts the relationship with the client explicitly in the foreground of the process and suggests a research regime that could investigate the merits of the model. The authors refer to the model as a "relational model of family lawyering". The model involves family lawyers working within a partnering framework that incorporates attention to the relational aspects of the process, and in particular, to "mentalizing. " Mentalizing is a construct that research has found creates space for parties in the family conflict to consider others ' perspectives, alternative courses of action, and more constructive methods of approaching the dispute. The authors propose that the relational model could be a way of conceptualizing what family lawyers already do in practice with a number of additional factors that could enhance "best-practice. " Adoption of the model could assist family lawyers in attending to some of the psychological needs of the clients in a dispute resolution mode while still fulfilling their requirements as legal advisors. The authors discuss this proposition in the context of implications fo r education, practice and research.
- Subjects
AUSTRALIA; DOMESTIC relations cases; ATTORNEY &; client; DISPUTE resolution; FAMILY conflict laws; PROCEDURAL justice
- Publication
Canadian Journal of Family Law / Revue Canadienne de Droit Familial, 2014, Vol 29, Issue 1, p173
- ISSN
0704-1225
- Publication type
Article