Is Truth Essential in Mediation?
Acknowledging the difference between “the truth” and burden of proof in litigation versus mediation, the author explores “truth” in the context of mediation, especially when opposing parties have dif…
Family Advocate: Alternative Dispute Resolution
Volume 46, Issue 2
Features
Arbitration of Child-Related Issues and the Uniform Family Law Arbitration Act
The author suggests that arbitration, using the standards put forth in the Uniform Family Law Arbitration Act, can help families resolve disputes privately and more quickly and affordably.
Collaborative Divorce: Where We Were, Where We Are, Where We are Going
The author’s top 10 predictions for which practice areas will see applications of collaborate law, now that 22 states and Washington, D.C. have enacted the Uniform Law Commission’s Uniform Collaborat…
The Dual Role Arbitration and Use of a Special Master to Move Your Family Law Cases to Resolution
Special masters are becoming more common in family law cases and can be particularly helpful in cases involving complex finances and sophisticated discovery issues.
Family Law Arbitration: An Underutilized ADR Option
Learn the answers to commonly asked question about arbitrating family law matters and how the Uniform Family Law Arbitration Act can provide guardrails for vulnerable families.
Going Private: Appointing a Judge Pro Tem
Readers will learn the important distinction between arbitration and appointing a private judge or a judge pro tem in a family law case.
Parent Coordination
The authors explain the role and necessary qualifications of a parent coordinator in a family law case and practical considerations when appointing one, such as the person’s availability and fee.
Should the Mediator Draft the Divorce Agreement?
Ways family law clients can avoid or limit risk when a mediator-attorney drafts a divorce, support, or custody agreement.
Mediation as the Default Approach for Family Dispute Resolution
From prenuptial, postnuptial, and cohabitation agreements to elder care, adoption, and more, family law attorneys are expanding their toolkits to include mediation.
Departments
ART Law & Practice: Planning to Resolve: ADR in ART
Alternative dispute resolution (ADR) can help resolve disputes in assisted reproductive technology (ART) cases. ADR is not limited to mediation and arbitration.