skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 64381 Find in a Library
Title: REFLECTIONS ON ARBITRATION UNDER THE FAMILY DISPUTE SERVICES
Journal: ARBITRATION JOURNAL  Volume:32  Dated:(JUNE 1977)  Pages:111-122
Author(s): J M SPENCER; J P ZAMMIT
Corporate Author: American Arbitration Assoc
United States of America
Date Published: 1977
Page Count: 12
Sponsoring Agency: American Arbitration Assoc
New York, NY 10020
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE EVALUATES SIGNIFICANT CHANGES IN THE ARBITRATION PROCEDURES OUTLINED IN THE NEW FAMILY DISPUTE SERVICES (FDS) OF THE AMERICAN ARBITRATION ASSOCIATION (AAA).
Abstract: THE NEW RULES ARE DESIGNED TO DEAL WITH (1) CONCILIATION TO REUNITE HUSBAND AND WIFE; (2) MEDIATION, OR ASSISTING THE SEPARATED PARTIES TO ARRIVE AMICABLY AT AGREEMENT TERMS; (3) REFERENCE OF DISAGREED-UPON ITEMS TO A REFEREE FOR FINAL AND BINDING DETERMINATION; AND (4) ARBITRATION OF DISPUTES ARISING UNDER SEPARATION AGREEMENTS. THE NEW RULES GO BEYOND THE PREVIOUS PROCEDURES UNDER THE COMMERCIAL RULES OF THE AAA IN PROVIDING FOR PROFESSIONAL OPINIONS ON THE BEST INTERESTS OF THE CHILD, THE ARBITRATOR'S RIGHT TO INTERVIEW THE CHILD, AND THE APPOINTMENT OF ARBITRATORS FROM A PANEL BY THE AAA. AN ALTERNATIVE METHOD OF COURT RESOLUTION OF FAMILY DISPUTES IS SEEN AS NOT ONLY IMPROVING THE PROCESS IN GENERAL BUT ALSO MAKING INSUPPORTABLE THE RESERVATIONS OF THE COURTS IN FULLY RECOGNIZING SUCH AN ALTERNATIVE. THE ADDITION OF PROVISIONS FOR RESPECTING THE BEST INTERESTS OF THE CHILD AND FOR ALLOWING THE ARBITRATOR TO INTERVIEW THE CHILD ARE EXTREMELY VALUABLE CHANGES. ALSO, THE ABILITY TO CHOOSE THE DECISIONMAKER IS ONE OF THE LEADING ADVANTAGES TO ARBITRATION. HOWEVER, THE NEW PROCEDURES DO NOT PROVIDE FOR MEDIATION OF DISPUTES ARISING UNDER SEPARATION AGREEMENTS PRIOR TO THEIR SUBMISSION TO ARBITRATION; THE BEST RESOLUTION IS ONE WHICH THE PARTIES HAVE REACHED THEMSELVES--THUS THE PARTIES SHOULD AT LEAST HAVE AN OPTION TO SEEK MEDIATION BEFORE RESORTING TO ARBITRATION. OVERALL, THE NEW ARBITRATION RULES POINT IN THE RIGHT DIRECTION BY ELIMINATING THE CONCEPT OF FAULT, BY MINIMIZING THE ADVERSARY NATURE OF FAMILIAL PROBLEMS, AND BY EMPHASIZING SELF-DETERMINATION IN THE RESOLUTION OF SUCH PROBLEMS. THE FDS WARRANT THE SERIOUS CONSIDERATION OF THE BAR AND FAMILY COUNSELING PROFESSIONALS. NOTES ARE PROVIDED.
Index Term(s): Alternative dispute settlement; Arbitration; Child custody; Child welfare; Conflict resolution; Domestic relations; Family counseling; Family courts; Marital problems; Mediation
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64381

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.