NCJ Number
122045
Journal
Negotiation Journal Volume: 5 Issue: 4 Dated: (October 1989) Pages: 373-380
Date Published
1989
Length
8 pages
Annotation
This case study presents dispute systems design within the smallest system, the microcosm of the family unit.
Abstract
Research in comparative divorce processes has found that large numbers of disputes are not resolved during the adversarial process, either through attorney negotiation or judicial intervention. Many formal agreements are vaguely worded, and that lack of specificity encourages future disputes. These disputes usually center around visiting and parenting agreements. Post-divorce families are at a high risk for continuing disputes, noncompliances in support and visitation matters, and relitigation. Effective dispute systems design for divorcing couples should identify potential future disputes, resolve in advance these issues, and develop specific mechanisms for resolving unanticipated conflicts. The resulting agreements should be included in final orders. Dispute systems designs can be used to develop systems for family law proceedings at the macro or institutional level. In most States, there is no choice of dispute resolution interventions for ex-spouses unable to resolve post-divorce disputes. An example of a dispute systems design is demonstrated using a case in which the divorcing family signed a mediation agreement and began the mediation process to resolve all current and potential property, support, custody, and parenting issues. 3 references.