Accommodating culture in family dispute resolution : what, why and how?

This article contributes to the recent revival of interest in the role of culture in family law processes, and family dispute resolution (FDR) in particular. After discussing the meanings that are attached to accommodating culture, the author considers some of the reasons why it is important to consider culture in the context of FDR. These are: to address some of the challenges of neutrality in the FDR process; to maximise party control over the process; and to support children's best interests, particularly their right to enjoy their culture. The article then draws upon recent empirical research to illustrate the existing good practice of FDR processes and practitioners to respectfully explore and accommodate clients' cultural contexts in FDR where this is possible and consistent with the above objectives, and with legal, ethical and human rights obligations.