DISPUTE RESOLUTION AND THE POSTDIVORCE FAMILY: IMPLICATIONS OF A PARADIGM SHIFT¹

Abstract

Over the past two decades, there has been a paradigm shift in the way the legal system handles most family disputes -particularly disputes involving children. This paradigm shift has replaced the law-oriented and judge-focused model of adjudication with a more collaborative, interdisciplinary and forward-looking family dispute resolution regime. It has also transformed the practice of family law and fundamentally altered the way in which disputing families interact with the legal system. This essay examines the elements of this paradigm shift in family dispute resolution and explores the opportunities and challenges it offers for families, children and the legal system.

Iaals' Honoring Families Initiative: Courts and Communities Helping Families in Transition Arising from Separation or Divorce

“…It has also transformed the practice of family law and fundamentally altered the way in which disputing families interact with the legal system." 91 In many jurisdictions today, parents of children are required to attend parent education as a prerequisite to obtaining a decree of dissolution. 92 In other jurisdictions, mediation continues to be another mandatory component.…”

Social Workers as “Experts” in the Family Court System: Is Evidence-Based Practice a Missing Link or Host-Created Knowledge?

“…In child abuse and neglect cases, the state may initiate a child protection proceeding against the parents that temporarily or permanently removes a child from the parents' custody (Chill, 2004;Pecora, Whittaker, Maluccio, & Barth, 2000). In private child custody litigation, parents unable or unwilling to resolve disputes through negotiation or mediation may sue the other parent in family court and request that a judge enter, modify, or enforce a child custody order that allocates the legal or physical custody of a child (Prescott, 2009;Reynolds, Harris, & Peeples, 2007;Singer, 2009). Despite important constitutional and legal differences between these forms of child custody litigation, social workers frequently testify in both forums as experts concerning the best interests of children and the present or future capacities of one or both parents to meet those needs (Kisthardt, 2006;Lewis, 2009;Maschi, Bradley, & Ward, 2009 Whatever the specific identity or structure of the court, the adversarial process is a rather cumbersome means to manage or reduce parental conflict.…”

Law Students on Interdisciplinary, Problem‐Solving Teams: An Empirical Evaluation of Educational Outcomes at the University Of Denver's Resource Center for Separating and Divorcing Families

“…Parents who collaborate in childrearing have a positive effect on their children's development and wellbeing. 5 Singer stated that "this paradigm shift has replaced the conventional model of adjudication with a more collaborative, interdisciplinary and forward-looking family dispute resolution regime. The potential for shared parenting is present for children regardless of the family structure in which they live, and it represents a key protective factor in (a) helping children adjust to separation and divorce and (b) establishing an ongoing healthy family environment in which to rear children and facilitate high-quality parenting.…”

“…4 In response to these trends, the procedure for resolving separation-and divorce-related disputes has undergone, in Jana Singer's felicitous phrase, a "velvet revolution." 5 Singer stated that "this paradigm shift has replaced the conventional model of adjudication with a more collaborative, interdisciplinary and forward-looking family dispute resolution regime. It has also transformed the practice of family law and fundamentally altered the way in which disputing families interact with the legal system."…”