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Full-Text Articles in Law
The Revolution In Family Law Dispute Resolution, John M. Lande
The Revolution In Family Law Dispute Resolution, John M. Lande
Faculty Publications
This article surveys a wide range of procedures that divorcing parties now use, including self-representation. Lawyers sometimes provide “unbundled” legal services to help parties who want to divide responsibilities for legal tasks between themselves and their lawyers. Parties often use mediation, arbitration, and private judging. Norms for lawyers’ professional roles have emphasized the importance of cooperation and some lawyers offer “planned early negotiation” processes such as Collaborative and Cooperative Law. Family courts engage in a wide range of activities beyond traditional litigation and adjudication. Many courts manage or mandate parent education and services related to domestic violence. Courts regularly appoint …
Collaborative Family Law, The New Lawyer, And Deep Resolution Of Divorce-Related Conflicts, Pauline H. Tesler
Collaborative Family Law, The New Lawyer, And Deep Resolution Of Divorce-Related Conflicts, Pauline H. Tesler
Journal of Dispute Resolution
Unlike many of the contributions to this Symposium issue, mine is a speculative, idiosyncratic opinion piece. I want to explore what we know, what we think we know, what we do not know, and what we need to know about Collaborative Law and interdisciplinary team Collaborative Divorce Practice as they presently exist in the field of family law, in two respects: what these processes offer to clients (the "deep resolution" part of my title) and what effect the practice of these processes has on lawyers (the "new lawyer" part of my title). Instead of citing to authority, this essay draws …
Pilot Study On Marital Power As An Influence In Division Of Pension Benefits At Divorce Of Long Term Marriages, A, Joan M. Krauskopf, Sharon Burgess Seiling
Pilot Study On Marital Power As An Influence In Division Of Pension Benefits At Divorce Of Long Term Marriages, A, Joan M. Krauskopf, Sharon Burgess Seiling
Journal of Dispute Resolution
The Hewlett Foundation on Dispute Resolution funded a small pilot project designed by the authors to explore whether the hypothesis might be true and to determine a methodology for more extensive research. This article explains the applicable law, aspects of power in negotiation, the research methodology, and the tentative findings from the project.
Promise And Problems In Divorce Mediation, Steven T. Knuppel
Promise And Problems In Divorce Mediation, Steven T. Knuppel
Journal of Dispute Resolution
In the past two decades, mediation in general has gained increasing acceptance in the legal community.' "[T]he search for alternative methods of resolving disputes has burgeoned to 'a movement'."2 In the divorce context, particularly, mediation has been seen by some as a more suitable process than the adversary system. 3 Proponents of mediation assert that the adversary system involves debilitating expense, frustrating delay, 4 and fails to address the emotional needs of the parties.5 Adversarial tactics often aggravate rather than resolve spousal differences, 6 though an amicable settlement might be in the best interests of both parties, especially when there …
Book Review , Nanette K. Laughrey
Book Review , Nanette K. Laughrey
Journal of Dispute Resolution
As the practice of divorce mediation continues to grow, more and more professionals need training and literature to develop skills and perspective. A welcome addition to their libraries will be Divorce Mediation: Theory and Practice, edited by Jay Folberg and Ann Milne. In the preface, the editors explain that the purpose of the book is to examine divorce mediation from an interdisciplinary perspective. They achieve this goal with a series of articles written by professionals from such diverse fields as anthropology, sociology, psychology, law, and social work. Each article examines a different aspect of divorce mediation and provides the special …