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Dominant or Diminished ? Redefining the Judge's Role in Divorce Proceedings.
This article presents some thoughts on the role judges play in French divorce proceedings. It is based on an analysis of hearings held by family court judges in different courts in the Paris area. Through focusing on the mariner in which communication occurs during hearings, the analysis has lead to a distinction among courtroom situations. When the parties have reached agreement before the hearing, communication during the procedure is highly structured. The judge directs the entire process, taking the role of giving a solemn character to the decisions made by the divorcing couple. On the other hand, if issues are raised at the hearing, the style of communication changes in tone. All the participants use language borrowed from everyday usage. The interventions of the judge in these latter situations are in keeping with the task of searching for an agreement.