This guide is provided to assist patrons with family law research questions. There are sections specifically aimed toward Practitioners, Self-Help or Pro Se individuals, and Students. There is also a section that lists specific topics of interest to famil
The Art of Family Mediation is a foundational text for the mediation classroom at all levels-- graduate, undergraduate, and post-graduate. Expert mediator and trainer Lynn MacBeth explains family mediation theory and technique in a clear and compelling text that blends an overview of the research and literature with her unique insights and experience in the field. Includes role plays and case scenarios.
Collaborative law engages the unique problem-solving skills of lawyers to achieve settlements that customize outcomes in the way that few courts can achieve. Becoming proficient in the area requires time for training and practice to hone these specialized skills. This book provides a rich, practice-tested guide to turning an interest in moving away from litigating family law cases, and providing clients with the collaborative approach that they are seeking in increasing numbers. The editors, Forrest S. (Woody) Mosten and Adam Cordover are both family lawyers who no longer go to court for their clients. With the help of many experienced collaborative attorneys, this book explains that it is imperative for attorneys to learn how to financially sustain their own practices in this area. Thanks to the guidance from successful collaborative practitioners sharing their wisdom, Mosten and Cordover demonstrate it is possible to build a rewarding family law practice built on peacemaking. Building a Successful Collaborative Family Law Practice is a unique resource that explains precisely what's needed to successfully implement a collaborative family law practice. In clear and concise chapters, these veteran practitioners explain issues such as: - Creating a profitable peacemaking practice- Whether to accept both litigation and collaborative work- How to gain collaborative clients- Creating a collaborative office space- The importance of the first client meeting- Fine-tuning the collaborative team- Choosing the collaborative model that fits you best- Collaborative child specialists- Drafting collaborative agreements- Working in the inter-professional environment, and more Accessible to attorneys new to collaborative practice and to those more experienced in the practice, as well as to non-legal professionals in related fields, this tool-kit is an important, step-by-step resource for attorneys responding to the tremendous growth of collaborative practice.
The Complete Guide to Mediation provides a multitude of strategies as well as resources for family lawyers to put into immediate uses in their practices. An essential underpinning of mediation is the creative use of collaboration in divorce cases. This book provides strategies from experts on techniques such as the art of listening, collaboration, dissecting information, empathy, peacemaking, and reconciliation.
"The editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families. In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet. The authors end by raising broader questions about the role of a family justice system- is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable?"
Traditionally, family law dispute resolution was based on an "adversary" system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a "problem-solving" model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today's dispute resolution regime may represent an improvement over its more adversarial predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties--a model that fits poorly with the realities of today's disputing families.
An overview of family mediation, including: Models of family mediation; An overview of the family mediation process; Child access mediation; Child welfare mediation : when the state is a party to the conflict; Mediating financial issues; Legal regulation of family mediation; Mediating other family conflicts; Power differentials and family mediation; Family violence and mediation; Unrepresented parties and family mediation; Ethical issues in family mediation; Representing clients in family mediation; Beyond mediation : collaborative practice and other forms of ADR in family law.
Settlement Negotiation Techniques in Family Law discusses the most important concepts of divorce settlement negotiation techniques to help lawyers and other divorce professionals improve their skills. It offers reasoned and tested approaches that help practitioners understand the many aspects of negotiation, and through this process assist their clients in getting to yes and the opportunity for a better future. Beginning with traditional theories and basic concepts of negotiation, the book examines the nuts-and-bolts issues involved in divorce negotiation and settlement.