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Self‐Represented Parties in Mediation: Fifty Years Later It Remains the Elephant in the Room
Author(s) -
Applegate Amy G.,
Beck Connie J.A.
Publication year - 2013
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/fcre.12011
Subject(s) - conciliation , witness , mediation , law , state (computer science) , family mediation , association (psychology) , political science , psychology , computer science , alternative dispute resolution , psychotherapist , algorithm
The past fifty years have borne witness to increases in parties representing themselves and mediating, rather than litigating, in divorce and other family law cases. In this article, we review changes in family law; discuss challenges for self‐represented litigants and mediators working with them; review guidance developed by the Association of Family and Conciliation Courts ( AFCC ) and the A merican Bar Association ( ABA ); and discuss state ethics opinions, guidelines, and rules. We conclude with our proposal and urge the AFCC and the ABA to draft Model Rules of Practice for Mediating with Self‐Represented Parties to assist states in implementing appropriate rule changes.