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NCJ Number: 98781 Find in a Library
Title: Family Mediation - Problems and Prospects
Journal: Mediation Quarterly  Issue:2  Dated:(December 1983)  Pages:3-12
Author(s): F E A Sander
Date Published: 1983
Page Count: 10
Format: Article
Language: English
Country: United States of America
Annotation: In this paper, seven issues are discussed which are pertinent to the prospects for alternative dispute resolution, particularly in domestic relations.
Abstract: Concerning mediator competence and training, the author advises that mediation should be done by persons having certain requisite competencies, whether the persons are lawyers or mental health professionals, and that minimal competencies and structured training should be established. Regarding the role of lawyers as advisers to disputants, various models of attorney roles in alternative dispute resolution are considered. The model chosen will depend on the circumstances of the case and the persons involved. A related issue considered is protection for the children of the divorce. The author notes that mediation has been no more successful than the courts in ensuring that children's interests are adequately considered in agreements reached. In another issue examined, the author looks at the professional ethics of attorneys involved in mediation, particularly as they act as intermediaries rather than client advocates. Other issues discussed are criteria for cases appropriate for mediation, the institutionalization of mediation as a mechanism for resolving disputes, and the relationship between formal and informal dispute settlement systems. Thirteen references are listed.
Index Term(s): Alternative dispute settlement; Divorce mediation; Mediation; Mediators
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=98781

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