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Judicial Settlement-Seeking in Parenting Disputes: Consensus and Controversy

Resource type
Author/contributor
Title
Judicial Settlement-Seeking in Parenting Disputes: Consensus and Controversy
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.
Genre
SSRN Scholarly Paper
Archive ID
1687268
Place
Rochester, NY
Date
2011-06-03
Accessed
9/10/23, 10:34 PM
Short Title
Judicial Settlement-Seeking in Parenting Disputes
Language
en
Library Catalog
Social Science Research Network
Citation
Semple, N. (2011). Judicial Settlement-Seeking in Parenting Disputes: Consensus and Controversy (SSRN Scholarly Paper 1687268). https://papers.ssrn.com/abstract=1687268
Author / Editor