About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

75 Md. L. Rev. Endnotes 1 (2016)

handle is hein.journals/endnot75 and id is 1 raw text is: MARYLAND LAW REVIEW ENDNOTES VOLUME 75 2016 REFLECTIONS ON INNOVATIONS IN FAMILY DISPUTE RESOLUTION DEBORAH THOMPSON EISENBERG Over the past several decades, our conception of family has dramatically changed, and so have judicial approaches to resolving disputes about the creation and dissolution of families. The traditional adversarial legal system-in which separating couples bitterly litigate in Kramer-vs.- Kramer' fashion and judges impose decisions-has given way to experimentation with other models. Processes such as mediation,2 collaborative law,3 restorative justice,4 and other community-based D 2016 Deborah Thompson Eisenberg. Professor of Law and Faculty Director, Center for Dispute Resolution, University of Maryland Francis King Carey School of Law. 1. KRAMER Vs. KRAMER (Columbia Pictures 1979) (movie about a custody battle, starring Dustin Hoffman and Meryl Streep). 2. Although the definition of mediation varies, a common definition developed by the American Arbitration Association, American Bar Association, and Association for Conflict Resolution provides: Mediation is a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute. AM. ARBITRATION Ass'N, AM. BAR Ass'N, & Ass'N FOR CONFLICT RESOLUTION, MODEL STANDARDS OF CONDUCT FOR MEDIATORS 2 (2005), http://www.americanbar.org/content/dam/abalmigrated/dispute/documents/model-standardscond uctapril2007.authcheckdam.pdf. 3. In a collaborative law process, the parties agree that they and their counsel will work cooperatively to share information and negotiate a resolution. See MD. ADMIN. OFFICE OF THE COURTS & INST. FOR Gov. SERV. & RES., THE CURRENT AND PROSPECTIVE USE OF COLLABORATIVE LAW IN MARYLAND vi (Sept. 2013). If an agreement is not reached, the collaborative attorneys must withdraw and the parties need to hire new counsel to litigate. Id. 4. Restorative justice is commonly defined as a process where stakeholders affected by an injustice have an opportunity to communicate about the consequences of the injustice and what is 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most