Cross-Fertilization: Family ADR to Civil ADR

Dispute Resolution Magazine, Vol. 20, No. 1, pp. 9-12 (2013)

Hofstra Univ. Legal Studies Research Paper No. 13-16

5 Pages Posted: 20 Nov 2013 Last revised: 12 Dec 2013

See all articles by Sharon Press

Sharon Press

Mitchell Hamline School of Law Dispute Resolution Institute

Andrew Schepard

Hofstra University - School of Law

Date Written: January 1, 2013

Abstract

In this succinct article, the authors highlight how family ADR has influenced general civil ADR and vice versa. However, they caution that a comprehensive discussion of this question would require a more lengthy examination of the history of both ADR and civil procedure through many years. Given the limitations of this article, the authors thus disclaim any overarching theme or theory of cross-fertilization. What follows instead are a few observations on this subject by two academic practitioners and public policy advocates who have participated in the development of family and civil ADR practices over the past several decades. The authors will focus on substantive areas of civil law that exhibit many of the characteristics of family law, making implementation of ADR appropriate; and examples of past and present cross-fertilization of processes between civil and family ADR.

Keywords: ADR, family law, civil law, cross-fertilization, civil procedure, mediation, alternative dispute resolution, conciliation, neuroscience, psychological issues, litigation, Early Neutral Evaluation, ENE, malpractice, divorce, parenting, child support

JEL Classification: K19, K00, K41, J52, D74, J12

Suggested Citation

Press, Sharon and Schepard, Andrew I., Cross-Fertilization: Family ADR to Civil ADR (January 1, 2013). Dispute Resolution Magazine, Vol. 20, No. 1, pp. 9-12 (2013), Hofstra Univ. Legal Studies Research Paper No. 13-16, Available at SSRN: https://ssrn.com/abstract=2357144

Sharon Press (Contact Author)

Mitchell Hamline School of Law Dispute Resolution Institute ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States
651-290-6436 (Phone)

Andrew I. Schepard

Hofstra University - School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States

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