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Can mediation-arbitration reduce clogged courts and improve access to justice?

Tuesday, December 12, 2017 @ 9:13 AM | By Hilary Linton

Collaborative practice has grown out of disenchantment with the adversarial legal system’s assumption that positional bargaining necessarily protects the interest of parents and their children. Family mediation has become the go-to solution for both the public, who are seeking to avoid having to pay lawyers, and the government, which wants to reduce the cost of providing family law justice.

In many jurisdictions, mediation-arbitration is increasingly seen as a pragmatic and cost-effective dispute resolution option for those seeking both the combined benefits of an interest-based negotiation premised...