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Kramer Vs. Kramer Revisited: A Comment On The Miller Commission Report And The Obligation Of Divorce Lawyers For Parents To Discuss Alternative Dispute Resolution With Their Clients, Andrew Schepard
Hofstra Law Faculty Scholarship
The 2006 Report of New York State's Matrimonial Commission to Chief Judge Kaye (commonly know as the Miller Commission Report) recommended that New York begin to incorporate alternative dispute resolution into the State's fragmented and adversarial divorce system. This Comment argues that it should have more strongly recommended that divorce lawyers be mandated to discuss alternative dispute resolution, particularly mediation, with parent-clients before filing suit.
The Comment begins by describing the advice given to a parent client in the movie Kramer vs. Kramer and argues that that advice constitutes zealous advocacy as famously described by Henry Lord Brougham in Queen …
Court-Ordered Mediation In Family Disputes: The New York Proposal, Linda Silberman, Andrew Schepard
Court-Ordered Mediation In Family Disputes: The New York Proposal, Linda Silberman, Andrew Schepard
Hofstra Law Faculty Scholarship
Marital and family disputes have been an important focus for alternative dispute resolution. Perhaps because divorce and custody disputes reveal the personal, human, and emotional aspects of conflict more visibly than other types of legal proceedings, attempts to resolve such disputes through the traditional legal process have proved remarkably ineffective. Mediation of divorce and custody matters is a particularly promising method of achieving more expeditious, less hostile, and more enduring matrimonial and custodial arrangements.
The mediation process offers to divorcing couples a neutral third party who will help the parties resolve their disputes. The mediator's function is to develop a …