NCJ Number
95424
Journal
Journal of Family Law Volume: 19 Dated: (1980-1981) Pages: 615-653
Date Published
1981
Length
39 pages
Annotation
Divorce mediation is examined as an alternative to no-fault dispute settlement.
Abstract
For many years, divorce meant the loss of not only social respectability, but also of privacy. No-fault divorce was designed to preserve the privacy of the parties by eliminating the need for public recrimination. The major procedural change effected by no-fault divorce has been the dramatic increase in pro se divorce, which is eminently practical for divorcing couples with no children and with few communal possessions. However, many couples, such as those with children and homes, require legal representation. While the most common nonadversary procedure is one-sided representation, the groundwork for acceptance of dual representation has been laid by attorneys who practice divorce mediation. Divorce mediation emphasizes the procedure's mutuality from the time of the telephone call to arrange the initial interview to the drafting of an agreement. Lawyers interested in trying mediation should assess their qualifications carefully and honestly; the procedure requires sensitivity, stability, and self-awareness. In addition, the lawyer should be able to determine, at the time of the initial interview, whether the client will benefit from mediation. Not all attorneys will willingly abdicate control, nor will all clients be prepared to assume responsibility for so important a decision. Nonetheless, mediation's advantages clearly outweigh its disadvantages. A total of 161 references are included.