Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Family Law

PDF

Mitchell Hamline School of Law

Alternative dispute resolution

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Look Before You Leap: Court System Triage Of Family Law Cases Involving Intimate Partner Violence, Nancy Ver Steegh Jan 2012

Look Before You Leap: Court System Triage Of Family Law Cases Involving Intimate Partner Violence, Nancy Ver Steegh

Faculty Scholarship

Family courts are increasingly interested in matching parties with appropriate dispute resolution processes and related services. For many parties, especially those who are self-represented, triage of cases could be helpful and efficient. Nevertheless, implementation of triage in complex cases may bring unintended repercussions, and in the spirit of averting these, this Article identifies and discusses challenging issues that become apparent when triage systems are viewed through the lens of intimate partner violence.

Some questions about triage in the context of intimate partner violence were raised at the Wingspread Conference on Domestic Violence and Family Courts and explored more fully by …


The Uniform Collaborative Law Act And Intimate Partner Violence: A Roadmap For Collaborative (And Non-Collaborative) Lawyers, Nancy Ver Steegh Jan 2009

The Uniform Collaborative Law Act And Intimate Partner Violence: A Roadmap For Collaborative (And Non-Collaborative) Lawyers, Nancy Ver Steegh

Faculty Scholarship

This Article examines the intimate partner violence provisions of the Uniform Collaborative Law Act “UCLA” and provides an analytical roadmap for collaborative lawyers. The lack of required intimate partner violence training for collaborative lawyers presents a major roadblock for implementation of the Act. Consequently, states adopting the UCLA should take immediate steps to ensure that courts and bodies regulating lawyers require ongoing training. In the meantime, to gain valuable expertise and avoid potential liability, collaborative lawyers should voluntarily seek it.


Family Court Reform And Adr: Shifting Values And Expectations Transform The Divorce Process, Nancy Ver Steegh Jan 2008

Family Court Reform And Adr: Shifting Values And Expectations Transform The Divorce Process, Nancy Ver Steegh

Faculty Scholarship

During the last fifty years, the process of divorce has undergone a remarkable transformation. This article examines the sweeping breadth of the change and the underlying societal forces behind it. As the family court landscape has changed, a ripple effect has occurred necessitating reconsideration of the roles that lawyers and judges play in the divorce process. Although lack of judicial resources has fueled some of the change, deep funding cuts foreshadow a less positive transformation, one potentially resulting in a two-tiered system of justice for families.