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An Appeal for Autonomy, Access, and Accountability in Family Court Reform Efforts
Author(s) -
Davis Gabrielle,
Ver Steegh Nancy,
Frederick Loretta
Publication year - 2014
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.12117
Subject(s) - appeal , dispute resolution , autonomy , confidentiality , alternative dispute resolution , accountability , business , law , dispute mechanism , online dispute resolution , law and economics , political science , public administration , public relations , sociology
An array of dispute resolution alternatives should be available to families who elect to use them. We suggest a system where parties maintain unhindered access to traditional courts but are able to knowingly and voluntarily opt into dispute resolution processes that are delivered in a fair, affordable, and accountable manner. We support provision of community‐based and private‐sector services to the extent that court funding and access is not diminished. Key Points for the Family Court Community Choices about participation in dispute resolution processes should be party driven. Parties should receive complete and accurate information about available dispute resolution processes and have access to confidential legal advice. Dispute resolution processes should be fair, affordable, competently provided, and accountable. Parties should have open access to traditional court processes.