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Horizons: Conversations About Future Directions in Dispute Resolution

Thursday, January 29, 2015
5:00 – 9:00 PM | TBD

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

85 – Family

ARTICLES

Ariel Ayanna, From Children’s Interests to Parental Responsibility: Degendering Parenthood Through Custodial Obligation, 19 UCLA Women’s L.J. 1 (2012).
This article focuses on negotiations between parents in custody disputes. The article examines how gender bias against men affects fathers in such disputes, and how often fathers agree to an unfair settlement because they believe they would lose in litigation. The author argues that fathers can overcome this gender bias by threatening joint custody, some of who the article believes are not legitimately interested in achieving, in order to level the playing field in custody dispute talks.
{1} NEGOTIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{123} SETTLEMENT: PRESSURES TO SETTLE
 
Joshua Baker, Comment, Alternative Dispute Resolution – Tuetken v. Tuetken: Reinforcing the Duty of the Court to Protect the Best Interests of the Child, 42 U. Mem. L. Rev. 831 (2012)
This article opines on the ramifications of the case of Tuetken v.Tuetken.  The author states that the court correctly put the welfare of the child first in domestic disputes, including situations not normally subject to review such as arbitration outcomes.
{44} ARBITRATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{133} COURT REFORMS
 
Debra Berman & James Alfini, Lawyer Colonization of Family Mediation: Consequences and Implications, 95 Marq. L. Rev. 887 (2012)
This article gives a summary of family mediation. It also discusses the interdisciplinary nature of family mediation, focusing on Texas, Florida, and Illinois.  The rise of lawyers in this field is analyzed and speculation as to the possible ramifications, both positive and negative, is elaborated upon.
{21} MEDIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{151} ROLE OF LAWYERS
Stephanie A. Bruno, Note, Insuring the Knot: The Massachusetts Approach to Postnuptial Agreements, 45 Suffolk U. L. Rev 397 (2012).
This article discusses the history and value of a postnuptial agreement.  It talks about how they are negotiated and how it can be an alternative to costly litigation.
{1} NEGOTIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
 
Carolynn Clark Camp, Mediating the Indissoluble Family: Mediator Style in Domestic Relations Cases, 26 BYU J. Pub. L. 187 (2012).
This work focuses on mediation in family law settings within the broader context of the rise of mediation as a viable alternative to litigation. Camp discusses both the challenges and advantages of mediation in family law disputes and suggests ways to improve and further its continued growth.
{21} MEDIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
Bilal M. Choksi, Comment, Religious Arbitration in Ontario – Making The Case Based on the British Example of the Muslim Arbitration Tribunal, 33 U. Pa. J. Int’l L. 791 (2012)
Based on the success of the Muslim Arbitration Tribunal (MAT) in England, Ontario should permit religious arbitration to resolve family law disputes. Similar to the way the MAT is able to address social and cultural issues in domestic disputes in England, religious based arbitration can be very effective in Ontario.
{44} ARBITRATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)

Leonard Edwards, Moving Cases from Juvenile to Family Court: How Mediation Can Help, 16 U.C. Davis J. Juv. L. & Pol’y 535 (2012).
This article examines how children custody cases are frequently shuttled between juvenile and family courts and how changes in the transfer process, specifically through child protection mediation, can ensure more comprehensive custody orders while also avoiding unnecessary and costly litigation in family court.
{21} MEDIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)

Emily Franklin, How to Give the Dog a Home: Using Mediation to Solve Companion Animal Custody Disputes, 12 Pepp. Disp. Resol. L.J. 351 (2012).
By building on the success of child custody mediation, courts could use mediation to resolve companion animal disputes. This would allow guardians to create a workable custody arrangement while simultaneously ensuring that companion animals are treated with the respect they deserve.
{21} MEDIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)

Anat S. Geva, Judicial Determination of Child Custody When a Parent Is Mentally Ill: A Little Bit of Law, a Little Bit of Pop Psychology, and a Little Bit of Common Sense, 16 U.C. Davis J. Juv. L. & Pol’y 1 (2012).
This article advocates the use of alternative methods of punishing juvenile offenders over the traditional method of “shaming.” The article argues that shaming punishments are problematic, in part because they are not compatible with the goals of juvenile justice, mainly rehabilitation. The article instead proposes the use of plea bargaining, which acts a sort of middle ground between the intensity of shaming and the insignificance of a warning.
{60} ADR—GENERAL
{73} SUBJ MATTER: GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
 
Clare Huntington, Flourishing Families, 50 Fam. Ct. Rev. 273 (2012).
This article discussing shifting the focus of family law from adversarial techniques to alternative dispute resolution to prevent issues from happening.  The author suggests that fostering stronger relationships through alternative dispute resolution will help families solve disputes further down the line.
{60} ADR—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{133} COURT REFORMS
 
Brian S. Kennedy, Note, Moving Away From Certainty: Using Mediation to Avoid Unpredictable Outcomes in Relocation Disputes Involving Joint Physical Custody, 53. B.C. L. Rev. 265 (2012).
This work proposes changes to the current movement of children across state lines and against the interest of one parental party. Specifically, Di Lorenzo suggests that mediation be made a mandatory component of such custody jurisprudence proceedings to better effectuate mutually beneficial outcomes.
{21} MEDIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{133} COURT REFORMS

Katherine M. Kitzmann, Gilbert R. Parra & Lisa Jobe-Shields, A Review of Programs Designed to Prepare Parents for Custody and Visitation Mediation, 50 Fam. Ct. Rev. 128 (2012).
This article analyzes programs that are intended to give parents an idea of what they should expect in custody and visitation mediation.  These programs are supposed to be “psychoeducational,” helping parents to understand the effects that these programs have on children.
{21} MEDIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{137} EFFECT OF PROCESS ON NON-PARTICIPATORY PARTIES

John W. Putz, Robin H. Ballard, Julia Gruber Arany, Amy G. Applegate & Amy Holtzworth- Munroe, Comparing the Mediation Agreements of Families With and Without a History of Intimate Partner Violence, 50 Fam. Ct. Rev. 413 (2012).
This article details the findings of a study in which the mediation agreements of families were studied in relation to whether or not there was a history of intimate partner violence.  The author summarizes and analyzes the results.
{21} MEDIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)

Elizabeth Varner, Arbitrating Cultural Property Disputes, 13 Cardozo J. Conflict Resol. 477 (2012).
This article explores issues that an arbitration agreement should address to facilitate resolution of cultural property disputes and further explains how parties can tailor arbitration agreements for maximum benefit in cultural property disputes. The article further explains how parties can lower expenses through the use of arbitration agreements as well as the contents of said agreements.
{44} ARBITRATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{124} COMPARISONS: CROSS-CULTURAL

Nancy Ver Steegh, Gabrielle Davis & Loretta Frederick, Look Before You Leap: Court System Triage of Family Law Cases Involving Intimate Partner Violence, 95 Marq. L. Rev. 955 (2012)
This article examines the pros and cons of current screening techniques for intimate partner violence in the court system. The author suggests parameters and facets of violence to include in a screening.  Self-determination and public advocacy are among the tools offered to increase the functionality of the domestic violence “triage” screening system.
{60} ADR—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{133} COURT REFORMS

BOOKS

Anastasia Loukaitou-Sideris & Renia Ehrenfeucht, Sidewalks: Conflict and Negotiation over Public Space (2012)
This book examines the evolution of American urban sidewalks as a distinct public place. The authors draw on historical and contemporary examples, in addition to case study research and archival data from five cities, to discuss the characteristics of sidewalks, conflicts, and negotiations over issues including ambiguous boundaries of their public status, contestation over specific uses, control and regulation and the implications of First Amendment speech and assembly rights.
{1} NEGOTIATION—GENERAL
{84} SUBJ MATTER: ENVIRONMENT
{147} POWER IMBALANCE
 
Chris Maser & Carol A. Pollio, Resolving Environmental Conflicts (2012).
This piece presents a discussion on the underlying principles found in mediation. The authors assess and reapply these principles within the context of environmental sustainability.
{21} MEDIATION—GENERAL
{84} SUBJ MATTER: ENVIRONMENT

Ming Yang, Negotiation in Decentralization: Case Study on China’s Carbon Trading in the Power Sector (2012).
This book offers research on Chinese power sector reform negotiations in the past 30 years, discussing conflicts between power groups and the national government over demand and supply management, capital investment, energy prices, and carbon dioxide emission mitigation.
{1} NEGOTIATION—GENERAL
{84} SUBJ MATTER: ENVIRONMENT