The reconciliation process : the lawyer

Abstract

The following short dissertation follows a study made by the final year students of the B.A. (Social Legal Studies) course entitled "Stress on the Maltese families-1990" wherein the students presented themselves with three main aims, that is:- I. to determine the profile of the Maltese family, in conflict, II. to examine which factors contribute to conflict and the possible disintegration of the Maltese family, and to determine whether such factors vary according to age and other circumstances, and III. to establish whether the results obtained in the 1984 Caritas survey with regards to stress are actually reflected in reality and whether in fact the survey had addressed the most relevant issues. To do this the students meticulously examined a vast number of court cases relating to separations and annulments ranging from the year 1972 (which is the earliest case examined) to the year 1989. Amongst other things it transpired that the lawyer was not seen as having a reconciliatory role or at least no mention of this was found in the cases examined. Amongst others, the following, questions arose "Is the lawyer well equipped and trained to function in this role? and Is this the reason why lawyers and clients alike do not see this role as a function of the lawyer? No texts theses or dissertations can be found dealing with this aspect in the Maltese context and it is because of this that this short dissertation, apart from dealing with it briefly, poses a few questions and ideas.