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Dispute Resolution and Arbitration

Cleveland State University

Journal

ADR

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow Jan 2004

Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow

Cleveland State Law Review

The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …


Reflections On The Adr Movement, Robben W. Fleming Jan 1986

Reflections On The Adr Movement, Robben W. Fleming

Cleveland State Law Review

ADR, the acronym that identifies the alternative dispute resolution movement, derives its current popularity from widespread dissatisfaction with the present system of justice. Thus, ADR both proposes and promotes "alternative" ways of dealing with disputes which would otherwise be the subject of litigation. In truth, there is nothing very new about the criticism directed at the legal profession, the courts, and the adjudicatory systems in general. The alternatives which have been suggested over the years are very similar. All of the alternatives lie along an axis which starts with efforts to bring about voluntary agreement by the parties and ends, …