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Essay / Research Paper Abstract
A paper which considers the ways in which mediation and other forms of alternative dispute resolution might be more appropriate in family law cases than litigation, and looks at the relative advantages and disadvantages of both processes. Bibliography lists 4 sources
Page Count:
8 pages (~225 words per page)
File: JL5_JLfamlaw.rtf
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Unformatted sample text from the term paper:
and similar processes in specific relevance to family law, it is perhaps useful to give a brief overview of the general advantages and disadvantages of such processes in comparison to
formal legislative means. Alternative dispute resolution is a fairly new innovation, in the sense that until recently all disputes between parties were settled through the courts. In some ways, this
could be seen as preferable - court decisions could be formally enforced, for example - whereas in others, it was not: taking a matter through the courts is time-consuming and
expensive. Despite the cost, some types of dispute could
not be satisfactorily settled without both an independent arbitrator and the means of enforcing the decision: however, there were many others in which a faster, cheaper, negotiated settlement between the
parties was much more appropriate for all concerned. If the emphasis is on speed, economy and amicable resolution rather than establishing one partys legal victory over the other, as tends
to be the case with family law cases, then some form of alternative dispute resolution is generally considered to be preferable. Avoiding court action can help the parties to retain
some degree of amicable communication, and using alternative dispute resolution can offer a broader spectrum of possible resolutions than might be available through the courts: it also frees up the
judicial system to deal with those cases which really cannot be settled in any other way.
Thepeacetalks.com (2004) for example, cites a salient comment from Abraham Lincoln which asserts that one should discourage litigation, since "the nominal winner
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