The author asserts that Caroline Norton, an Englishwoman who lobbied Parliament for child custody reforms, would be leading the movement away from litigation. After examining reforms such as collaborative practice and mediation, the author suggests that the most important systemic change is to redefine the public goal to optimize the possibilities that both parents can remain engaged in a relationship with the child.
Respecting state sovereignty in international cultural property disputes is crucial because it is the lack of such respect in documents like UNESCO Convention that has forced market nations to enact cultural property regimes which strip source nations of their ability to equitably pursue looted cultural property. Mediation should be used to resolve such disputes because it is confidential (as is arbitration) and before mediation begins, disputants can agree to make the proceedings and the result...
Mediation and negotiation involve an attempt to predict and influence the course of future events without conflict by developing systems to prevent it (conflict) or to deal with it when it happens.
In this article, Hinshaw and Watts analyze the recent advent of legally recognized arbitration in Mississippi. They focus on the controversies faced in determining what constitutes a binding legal arbitration, and how they might potentially be resolved.
Ethics for attorneys practicing in ADR fields need to change because of the differences in focus between litigation and ADR (adversary v. constructive representation). The author discusses various philosophies on possible directions to take the ethics reform
ADR techniques in divorce and custody cases create a continuum from complete party autonomy to complete procedural control through litigation. These techniques include: direct negotiation, mediation, collaborative practice, negotiation through lawyers, neutral evaluation and parental coordination. The author examines these techniques with an emphasis on mediation in New Hampshire.