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Dispute Resolution and Arbitration

Pepperdine Dispute Resolution Law Journal

Divorce

Publication Year

Articles 1 - 8 of 8

Full-Text Articles in Law

Mediating Towards Forgiveness & Family Reconciliation In Divorce; Select Issues In Dispute Resolution: Apology & Forgiveness, Selina J. Shultz Oct 2017

Mediating Towards Forgiveness & Family Reconciliation In Divorce; Select Issues In Dispute Resolution: Apology & Forgiveness, Selina J. Shultz

Pepperdine Dispute Resolution Law Journal

This paper examines the importance of forgiveness and the rebuilding of trust in the reconciliation of the family during and after a divorce, and contemplates the mediator’s role in leading the parties in this direction.


Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi Sep 2014

Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi

Pepperdine Dispute Resolution Law Journal

After an introduction in chapter one, the second chapter of this article presents statistics regarding the phenomenon of domestic violence and presents the definition of “violence” (with its attendant difficulties). The third chapter presents the existing problems regarding the judicial handling of divorce cases in general and those involving violence in particular. The fourth chapter analyzes the academic discourse regarding the issue of mediation of divorce cases involving violence (the position of the proponents and the opponents, as well as the problems of the current situation). The fifth chapter proposes med-arb as addressing the issue of divorce mediation in the …


Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado Feb 2014

Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado

Pepperdine Dispute Resolution Law Journal

The article offers information on the long-term effects of divorce on children and parents under the analysis of the social science literatures. It informs that the U.S. Courts should encourage reconciliation between low-discord parents which in turn would help to save their marriage and protect their children from negative psychological effects of their divorce.


Mediating The Religious Upbringing Issue In Divorce Cases, Katheryn M. Dutenhaver Feb 2013

Mediating The Religious Upbringing Issue In Divorce Cases, Katheryn M. Dutenhaver

Pepperdine Dispute Resolution Law Journal

The article presents information on the family dispute resolution based on divorce cases based on religion. The judicial orders in different jurisdictions related to custodial parent are considered. The difficulty facing the judges while deciding the remedies and the need of designing stand-alone dispute resolution system is discussed. The techniques utilized by the mediators in solving such disputes are also discussed.


How To Give The Dog A Home: Using Mediation To Solve Companion Animal Custody Disputes, Emily Franklin Feb 2013

How To Give The Dog A Home: Using Mediation To Solve Companion Animal Custody Disputes, Emily Franklin

Pepperdine Dispute Resolution Law Journal

The article presents information on the domestication of dogs with respect to the resolution of the custody disputes of the animals and the method of mediation for the solving the disputes of companion animals in the U.S. Companion animals are considered as the essential part of the family in the country. Information on the requirement of mediation with respect to the animal law and the family law of the U.S. is also presented.


The Collaborative Law Process For Prenuptial Agreements, Donna Beck Weaver Mar 2012

The Collaborative Law Process For Prenuptial Agreements, Donna Beck Weaver

Pepperdine Dispute Resolution Law Journal

This article posits that the prevailing adversarial model for negotiating prenuptial agreements deters many from considering them, and limits the benefits that might otherwise be achieved for couples by prenuptial planning. This article posits that the collaborative law process offers an effective method for developing prenuptial agreements, one that is far better suited to the needs of persons who are about to marry than the traditional model. This article concludes that the standard of care for prenuptial agreements should mandate the use of the collaborative process for most cases.


Collaborative Family Law, Pauline H. Tesler Mar 2012

Collaborative Family Law, Pauline H. Tesler

Pepperdine Dispute Resolution Law Journal

Collaborative Law appears to meet significant needs both among family law clients and among the lawyers who assist them through divorce. As will be discussed more fully below, clients appear to want the advantages of a contained, settlement-oriented, creative, private, respectful process without sacrificing the benefits of having a committed legal advocate at their sides. For that reason Collaborative Law appeals to clients who may hesitate to commit to a dispute resolution process facilitated solely by a neutral mediator. And, while many family lawyers suffer considerable professional angst as a consequence of their awareness that family law courts are neither …


For Heaven's Sake, Give The Child A Voice: An Adr Approach To Interfaith Child Custody Disputes , Charlee Lane Feb 2012

For Heaven's Sake, Give The Child A Voice: An Adr Approach To Interfaith Child Custody Disputes , Charlee Lane

Pepperdine Dispute Resolution Law Journal

There has been ample study devoted to the problems that arise when courts are faced with custody disputes intertwined with issues of religion. Unfortunately, many of those studies conclude without proposing an effective solution or by suggesting an alternative without defining what that alternative might be. A solution must be employed that allows religious consideration in a forum more suitable to facilitating a resolution in the complete best interest of the child and parents. Mediation provides this forum by facilitating a negotiation in which parents are allowed to develop their own collaborative solutions to interfaith child custody disputes. Through techniques …