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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


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