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Procedural Justice in Family Court - Does the Adversary Model Make Sense?

NCJ Number
86731
Journal
Child and Youth Services Volume: 5 Issue: 1/2 Dated: (Spring/Summer 1982) Pages: 65-83
Author(s)
G B Melton; E A Lind
Date Published
1982
Length
19 pages
Annotation
Recent proposals for nonadversary procedures in resolution of custody disputes have relied on untested assumptions about psychological harms of adversary procedures and the contributions that mental health professionals might make in required mediation.
Abstract
There is, in fact, reason to believe that adversary proceedings may result in more sense of control over the process and a strong belief in its fairness. It is likely that these benefits are applicable at least to older children as well as to disputing parents. Adversary procedures may also result in quicker, more lasting resolutions of conflict. Evaluation studies are needed to test effects of various procedures more definitively. (Author abstract)

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