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Cardozo Journal of Conflict Resolution

Abstract

Due to the complex nature of the field of family and matrimonial law, divorce mediation should only be practiced by family/ matrimonial lawyers; non-lawyers should not be allowed to mediate divorces. Part II of this Note will discuss background information about divorce law and divorce mediation and why mediation is being used more and more frequently to resolve divorce disputes than the traditional court system. Part III will discuss why it is becoming more common for divorcing couples to use mediation, as opposed to traditional litigation, to resolve their disputes. Part IV will discuss different models of mediation that are frequently used in divorce mediation. Part V will discuss the legitimacy of mediators. Part VI will talk about qualifications for mediators and training and competency of mediators. Part VII will analyze the differences between non-lawyer and lawyer mediators in divorce mediation and conclude that lawyers are better mediators for divorce mediations.

Disciplines

Dispute Resolution and Arbitration | Law

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