Family Disputes

Paper Summary:

This report presents an introduction to family mediation with an emphasis on resolving marriage disputes from the courts and practitioners' perspectives. It explains that the role of a mediator is to remain completely impartial and to assist the parties in their attempts to resolve their disputes. Mediation is solely based on cooperation instead of competition. The writer concludes therefore, that the modern family divorce mediation process can be considered as an attempt to negotiate common ground between two parties as opposed to those parties being subjected to the final decisions of a third party.

From the Paper:

"Mediation offers a number of opportunities to resolve at least some of the large number of divorces in the United States without costly and time consuming aspects of litigation. Of course, not all divorce cases are ideal for mediation. "Mediation is inappropriate if there is a situation of continuing violence or if one party fears, as a result of experience in the relationship, that he or she will be browbeaten."(Mantle, 1996) Even when the parties are willing to utilize the mediation process, there are times external counsel should be consulted. "Whichever course a man or woman takes, he or she must ensure that the legal issues which may affect the outcome are identified. It is potentially disastrous if they are not. There are as many examples as there are failed marriages to illustrate the importance of correct identification of legal issues, and the dangers inherent in the absence of independent legal advice." (Mantle, 1996) "

More papers on Family Disputes:

• Research Paper # 115045 : "Arbitration and Its Relation to Family Law"
• Term Paper # 17016 : "Laslett and the History of Family Structure"
• Dissertation or Thesis # 119679 : "Alternate Dispute Resolution in Special Education"

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