NCJ Number
97352
Journal
Journal of Family Law Volume: 23 Issue: 1 Dated: (1984-85) Pages: 99-109
Date Published
1984
Length
11 pages
Annotation
This article discusses the use of alternative dispute resolution mechanisms in resolving matrimonial difficulties, identifies those mechanisms that could be used to solve the parties' problems quickly and inexpensively, and considers who should be involved and what rules should apply.
Abstract
Mediation and arbitration, identified as the major alternative dispute resolution mechanisms discussed in most of the current literature dealing with family law, are defined. Furhter, the need for the mediation process to be voluntary and confidential is emphasized, and the possibility of recording the mediation session is considered. Ths use of lawyers as mediators is examined, and other professionals likely to be involved in family mediation, including therapists and social workers, are discussed. Attention focuses on the training of mediators, and a team approach to divorce mediation -- merging the talents of an attorney who would protect the rights of litigants and the talents of a mental health professional -- is recommended. The duties of mediators are delineated, including being impartial, defining and describing the mediation process and its cost before reaching an agreement to mediate, and suspending or terminating mediation whenever continuation of the process will harm or prejudice one or more of the participants. Further, rules for proceeding in a courtroom setting are suggested, and an appropriate approach for mediation is recommended. Thirty-five references are included.