Is ADR the Solution? How ADR Gets Around the Get Controversy in Jewish Divorce

Authors

Aviva Vogelstein, Benjamin N. Cardozo School of Law

Abstract

The New York State government in particular has attempted to find creative solutions to the modern problems associated with Jewish divorce issues. This Note first gives a brief historical background of the beth din and the reasons for its authority, elucidating why alternative dispute resolution (ADR) benefits the American legal system and explaining how and why the beth din serves as a preferred method of ADR in contemporary America. Using New York as a case study, this Note then proposes that, although New York civil legislative solutions and tort claims for intentional infliction of emotional distress may sometimes achieve satisfactory results, such results are likely unconstitutional and/or unacceptable under Jewish law. Thus, the only solutions to the controversy surrounding Jewish divorce are the preemptive techniques and other preventative methods employed through the ADR of the beth din.

Disciplines

Dispute Resolution and Arbitration | Law | Law and Gender

Recommended Citation

Aviva Vogelstein, Is ADR the Solution? How ADR Gets Around the Get Controversy in Jewish Divorce, 14 Cardozo J. Conflict Resol. 999 (2013).
Available at: https://larc.cardozo.yu.edu/cjcr/vol14/iss3/14