Document Type

Article

Publication Date

2012

Publication Title

Conflict Resolution Quarterly

Volume

29

Issue

3

First Page

309

Last Page

332

DOI

10.1002/crq.21041

Keywords

Dispute resolution, mediation, parenting, custody

Abstract

The judicial role in child custody and visitation disputes has traditionally been understood as one of authoritative decision-making. However this new empirical research suggests that many family court judges prioritize the pursuit of voluntary settlement in pre-trial conferences, using evaluative and facilitative mediation techniques. Drawing on qualitative interviews with judges and other family law professionals in Toronto and New York City, this article identifies points of consensus and controversy among settlement-seeking family judges. Despite the general support for settlement-seeking, there are substantial differences of opinion regarding coercion, due process, and the meaning of the best interests of the child standard.

Comments

This is the author's accepted manuscript of an article that was first published in Conflict Resolution Quarterly 29, 2

http://onlinelibrary.wiley.com/doi/10.1002/crq.21041/abstract

John Wiley & Sons, Inc.

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Family Law Commons

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