Increase the Use of Non-Adversarial Processes in the Family Justice System

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Background

Family law influences the lives of many, but the existing family justice system is often incompatible for many families. Specifically, it is desirable to shift away from adversarial processes to different forms of non-adversarial processes such as collaborative divorce. Shifting the typical approach to non-adversarial process benefits families by taking an approach that values family autonomy.



Tools and Resources

Solutions and Tools focused on this objective.

 

Erasing Families Documentary 

This documentary addresses the hardships children can face during a divorce, along with failures in the legal system. The documentary emphasizes programs that encourage mediation and shared parenting to minimize the chance of childhood trauma and financial costs. 
https://erasingfamily.org/
 

Collaborative Divorce Knowledge Kit 

International Academy of Collaborative Professionals presents a "Knowledge Kit" that provides an overview of collaborative divorce, differences between collaborative divorce and litigation, case study examples, and an outline of collaborative practice.

https://www.collaborativepractice.com/sites/default/files/CP-KnowledgeKit.pdf

 

 

Divorce Magazine

This magazine is directed at those dealing with separation and divorce. Specifically, pages 42-43 include an article about Collaborative Family Law and pages 6-7 include an article about the Reforming the Family Justice System (RFSJ) initiative.

 https://g1bxohrqcqtjniyp6e5zga-on.drv.tw/www.DivorceMagazine2021.com/  

 
 

 

Promising Practices and Case Studies

There are many innovations around the world that could be encouraged.    Promising practices include:

 



Collaborative Divorce

Collaborative divorce or law is a legal separation process where couples who have decided to end their marriage negotiate terms of separation through open communication between the separating parties and their legal team without the need of a judge and court system. Negotiations often involve the separating couple and their layers, a divorce coach, and child specialists. Collaborative divorce revolves around the Participation Agreement; a legal contract that states each party will not go to court but instead work together to a resolution.

Collaborative divorce is a helpful process that can benefit families financially and mentally. However, going to court is the normality as people don't know much about alternative methods such as collaborative divorce. It is important for communities to understand how such processes work and to share this information with those going through family law struggles. For example, creating public information and creating an online presence or finding events and speaking at functions where the target audience would attend. In addition, making collaborative law a first choice instead of an alternative would be a groundbreaking achievement for the family justice system.

 

More information on Collaborative_Divorce

Scorecard Building

Possible Objective Details

Possible Measures

Actions to Take

Actions for Coalitions

Actions for Individuals

Sources