No More Click? Click in Here: E-Mediation in Divorce Disputes-the Reality and the Desirable

Authors

Dafna Lavi, Sha'arci Mishpat Academic Center

Abstract

This Article deals with the relatively innovative field of e-Mediation (also known as "online mediation" or "cyber mediation") as used for the resolution of divorce disputes. The first part of the Article surveys the framework and background of the development of eMediation, its implementation, its advantages and disadvantages, focusing on the field of divorce disputes. It includes insights regarding the proven need for the development of alternative dispute resolution processes for such disputes, and the great potential inherent in the model of e-Mediation to address many of the problems typically accompanying such disputes.

In view of the urgency of the matter and the need to expand the spectrum of available options for people in one of the most painful and traumatic periods of their lives, Part H of this Article addresses improvements that could be made in the way e-Mediation is currently used in divorce disputes. These include guidelines for the adoption of an improved model that would, among other things, include training and certification standards, as well as regulation and supervision of e-Mediation service providers for divorce disputes.

Throughout the world, the field of alternative dispute resolution has undergone a great deal of change in recent years. It may be that the most significant change relates to current thinking about resolving our disputes in cyberspace. This Article seeks to contribute to this interesting development.

Disciplines

Dispute Resolution and Arbitration | Law | Legal Ethics and Professional Responsibility | Science and Technology Law

Recommended Citation

Dafna Lavi, No More Click? Click in Here: E-Mediation in Divorce Disputes-the Reality and the Desirable, 16 Cardozo J. Conflict Resol. 479 (2015).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss2/6