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Cardozo Journal of Conflict Resolution

Abstract

This Note will discuss the background of family law and mediation in America, including the "best interests of the child," how its vague application limits incarcerated parents' rights, and how litigation can lead to an arrangement that is not in the child's best interests. This Note will introduce the Family Dispute Resolution Act, which is legislation enacted in New Zealand that designed a framework for mediation for incarcerated parents. This Note will introduce the problems that incarcerated parents and children of incarcerated parents face in the United States and New Zealand. In the Discussion section, this Note will discuss why incarcerated parents especially warrant mediation in custodial litigation because participating in mediation can help reduce recidivism, reduce harm to their children/family, and how avoiding litigation through mediation can protect prisoners' rights to their children. This note will also argue that the New Zealand schema will not apply directly to the United States unless significant revisions to federal and state legislation occur, although mediation can fit into the current schema structured as a rehabilitative program for prisoners. This Note introduces a two-pronged proposal, applying a standard that the federal government can adopt, and additionally a standard that certain states can adopt.

Disciplines

Dispute Resolution and Arbitration | Law

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