Premium
MAKING ALTERNATIVE DISPUTE RESOLUTION (ADR) LESS ALTERNATIVE: THE NEED FOR ADR AS BOTH A MANDATORY CONTINUING LEGAL EDUCATION REQUIREMENT AND A BAR EXAM TOPIC
Author(s) -
Cohen Dori
Publication year - 2006
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/j.1744-1617.2006.00116.x
Subject(s) - mediation , alternative dispute resolution , adversarial system , reputation , law , family law , negotiation , dispute resolution , political science , arbitration , psychology , lawyer supported mediation , public relations , online dispute resolution
Divorce proceedings have had a negative reputation due to their adversarial nature. Litigation in the family law field has exacerbated an already emotionally charged atmosphere. Alternative dispute resolution (ADR) has grown in importance over the past three decades and has helped to alleviate some of the animosity which accompanies divorce and child custody matters. Parents in particular are aided by the benefits of options such as mediation and collaborative divorce, obtaining increased control over their agreements in situations where the relationships will be continuous due to shared parenting responsibilities. However, much more could be done to increase the use of ADR in family law proceedings. Current family law practitioners could fill many roles, including mediator, advocate during mediation, collaborative negotiator, arbitrator, and counselor regarding which process to implement. Knowledge about these different roles, with their attendant skills and ethical issues, has become imperative. This Note will advocate for a mandatory continuing legal education requirement in ADR for matrimonial attorneys, as well as for the inclusion of ADR as a topic on state bar examinations. An increased knowledge of ADR will benefit divorcing parents and their children, ease an overcrowded court system, and lead to greater personal and professional satisfaction for the family law practitioner.