NCJ Number
93250
Journal
Wake Forest Law Review Volume: 15 Issue: 4 Dated: (August 1979) Pages: 467-486
Date Published
1979
Length
20 pages
Annotation
This article examines various domestic relations dispute settlement techniques, using the Family Mediation Association as a model, and then considers whether contracts to mediate and arbitrate divorce or separation agreements should be enforceable.
Abstract
The Family Mediation Association advocates mediation as an alternative to the judicial system in negotiating separation and divorce agreements, with arbitration to be used in situations of nonagreement. Such alternatives would relieve court dockets of cases which arguably belong elsewhere without stripping the courts of their jurisdiction to decide marital dispute cases. The courts still must review all contested agreements to ensure that the contacts are equitable and that they are understood by the parties involved. Mediation and arbitration will work only for those couples with some minimal amount of trust remaining, as the processes require individuals capable of viewing the psychological and economic realities of marital dissolution. For couples that honestly desire a fair settlement, mediation and arbitration of separation and divorce agreements minimize the long-lasting hostility inherent in the adversary system of negotiation and litigation. Even if these extrajudicial dispute settlement techniques are not for everyone, those who use them should have the assurance that they are enforceable. Over 130 notes accompany the text. (Author summary modified)