Saltman/CLE: Dispute Resolution for Diverse Families and the Impact on Family Law Practice

William S. Boyd School of Law
University of Nevada, Las Vegas, and the
Saltman Center for Conflict Resolution

October 26, 2015
Thomas and Mack Moot Court Facility
4:00 - 5:30 pm
1.5 CLE credits

Dispute Resolution for Diverse Families and the Impact on Family Law Practice

Presenters
Jana Singer, University of Maryland, Carey School of Law
Jane C. Murphy, University of Baltimore School of Law

Overview
Professors Murphy & Singer present material from their recent book, Divorced From Reality: Rethinking Family Dispute Resolution (NYU Press).  Murphy & Singer discuss how the processes governing the resolution of family disputes, particularly disputes connected to family dissolution and parental separation, have changed more rapidly than family law doctrine.  The result is a family dispute resolution regime that continues to be structured around the needs and life patterns of divorcing heterosexual families, particularly families that are well-resourced and have access to legal representation. But the composition of families who appear in family court has changed dramatically in recent decades: in addition to resolving conflicts between divorcing parents, courts now routinely address child-related disputes involving unmarried parents, stepfamilies and third-party caregivers, many of whom are unrepresented.  Furthermore, although family lawyers still represent clients, they do so in a dispute resolution system that deemphasizes third-party adjudication in favor of settlement and problem-solving processes in which family members participate directly.  Within this settlement-oriented culture, family lawyers have assumed a number of non-adversary roles; these include serving as mediation advocates, practicing “collaborative law” and providing unbundled legal services.  This presentation will explore changes in family structures and analyze the implications for family dispute resolution and the practice of family law. 

Agenda