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Essay / Research Paper Abstract
This 8 page paper provides an overview of the application of alternative dispute resolution (ADR) in constitutional law cases. This paper concludes with the belief that it is not appropriate for the case introduced. Bibliography lists 5 sources.
Page Count:
8 pages (~225 words per page)
File: MH11_MHnotADR.doc
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Unformatted sample text from the term paper:
in many states as a part of child custody negotiations and as a part of the process involved in the termination of marriages, it is not appropriate in all areas
of family law. Specifically, in cases in which family law issues challenge the constitutionality of state statutes, ADR methods are not appropriate. Child Custody and Family Law
Many states require that people undergoing marital separation or divorce undergo mediation with a third-party neutral or mediator, a person who can help
individuals come to an agreement about issues like child custody and division of property in order to reduce the amount of time required to settle issues in court. The
basic idea behind this kind of ADR is that a third-party neutral provides support for the process of negotiation when an immediate resolution cannot be reached by the two parties
without help. This person has not specific affiliation to either party, and has not interest or specific familiarity that would create a conflict or favorable situation for one party
overt he other. This mediator does not necessarily make any decisions as a part of the process, but helps to organize information, relate both sides of the issue and
help the individuals come up with a plan. Conflicting views of the same series of events are common. In fact, 10 different people can view the same event and
have 10 different perspectives on what occurred. As a result, when conflicting views of what occurred come into play following a series of events, it is not uncommon that
disputes occur. Fundamentally, most people look out for their self-interest first, and then seek methods of compromise second. As a result of this basic premise, when conflicting views
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