NCJ Number
99892
Journal
Villanova Law Review Volume: 29 Issue: 6 Dated: (1983-1984) Pages: 1379-1391
Date Published
1984
Length
13 pages
Annotation
This discussion of the handling of domestic relations disputes contrasts the traditional adversarial approach with the use of conciliation as practiced in Chester County, Pa.
Abstract
Domestic relations cases usually involve lengthy litigation that is both costly and detrimental to the parties' psychological well-being. The attorneys involved have been trained to be adversaries whose main goal is to win the case. In Pennsylvania, many courts use masters to deal with support and custody hearings. Some masters also hear arguments concerning equitable distribution and divorce. The State needs a different approach and has the opportunity to develop one now that it has implemented a no-fault divorce law. Attorneys and the court can change from an advocacy approach to a nonadversarial approach in domestic relations cases. The conciliation program in Chester County is an example of such a program. The program helps to diffuse emotions and tries to have the parties deal with reality by sitting down together, discussing their feelings, and considering the best interests of the child. The independent third party focuses on the best interests of the child and can tell the adults that the court will not consider their anger. The program saves money for the clients and the justice system. It also saves time. Law schools and continuing education programs need to teach this sort of alternative dispute resolution method. Footnotes.