Cross-Fertilization: Family ADR to Civil ADR
Dispute Resolution Magazine, Vol. 20, No. 1, pp. 9-12 (2013)
5 Pages Posted: 20 Nov 2013 Last revised: 12 Dec 2013
Date Written: January 1, 2013
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: Suggested Citation