NCJ Number
100417
Journal
Mediation Quarterly Issue: 9 Dated: (September 1985) Pages: 5-13
Date Published
1985
Length
9 pages
Annotation
The role of legal rules in traditional adversarial proceedings differs from those in divorce mediation.
Abstract
In an adversarial divorce, the parties consult with their attorneys, expecting them to act as advocates of personal interests. In this situation, legal and procedural rules of law simply represent benefits and detriments in a legal game. The concern is not with justice or fairness of the legal rules. Divorce mediation rejects the notion that legal rules should be used as weapons to improve one party's position at the expense of the other's. The existence of these laws does, however, shape the parties' thinking and may be used by the mediator. In some instances, these rules may suggest unfair agreements and will be viewed as obstacles to overcome. In others, they may be invoked to gain agreement. Thus, for the mediator, legal rules and principles are simply a means to an end and are used as an intervention to achieve a desired result. 1 reference.