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Cardozo Journal of Conflict Resolution

Abstract

Part I of this Note describes the current state of divorce law in New York by examining the history of divorce culture in New York, the current state statutory scheme, the law's practical effect on New York residents, and the arguments in support of and against the adoption of no-fault provisions. Part II overviews the collaborative law method, illustrates how the method varies from other alternative dispute resolution methods, and discusses various ethical considerations relevant to the method. Part III argues that the introduction of collaborative law will have minimal practical effects unless combined with the adoption of a no-fault provision by the New York Legislature, examines model collaborative law statutes from states such as North Carolina and Texas, and analyzes the Model Uniform Collaborative Law Act. Part IV offers concluding remarks urging continued reform in New York.

Disciplines

Dispute Resolution and Arbitration | Law | Legal Profession

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