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Hire Writer While divorce rates also increased in industrialized countries other than the United States, and the divorce rates in the United States already reached a plateau, the fact remains that the United States Bureau of Census estimated in that more than forty percent of first marriages in the country is bound to end in divorce.
Moreover, the relative decline in divorce rates is accompanied by an equivalent effect, which is the number of people cohabiting without marriage and nonmarital child bearing. These other arrangements cause the decline in divorce, but end in the same situation of a broken family.
The increase in divorce rates can also be attributed to the certain developments since the s, which include the growing tolerance of society for divorce.
Changes in Family Law. As a consequence of these dramatic changes, changes in the field of family law also occur. Substantive law has changed due to observations of the effects of restrictive and punitive laws on divorce.
Thus, many jurisdictions already steered away from the rule that one of the spouses must have committed some transgression before they can be granted divorce.
The past decades illustrated a bias, manifested in the assumption that mothers have more inherent capability to take care of their children. Today, such an assumption is no longer strongly held. This trend of change is largely attributable to the belief that divorce is a private matter that must be left amongst them to be resolved.
These changes in substantive law on divorce and family law necessarily caused changes in the procedural aspect of the law. Thus, the increased ease by which couples could seek divorce and the option of individualizing post divorce arrangements heavily increased the dockets of courts with divorce cases.
There are also other factors that make alternative means of resolving family disputes and divorce issues more appealing.
The lack of necessity for proving fault in a divorce action removed the need to adjudicate family issues. One such alternative mode of dispute resolution recently applied in family law is mediation.
Mediation is becoming the alternative method of dispute resolution of choice since it provides professional help to divorces, which have a high probability of getting acrimonious. Thus, there are only few couples that could manage to suffer a divorce in amicable terms.
Mediation is also popular among couples seeking divorce because unlike court action or litigation, it has the ability to facilitate administration of justice and reduce cost, specifically in terms of money and time.
Moreover, adversary settlement procedures are now believed to cause problems involving post separation family relationships, arising from parental conflict and divorce.
Comparison of Divorce Mediation and Adversary Settlement.
It is not uncommon for mediation to get compared from other forms of dispute settlement, such as adversary settlement.
In a study conducted by Emery, Sbarra and Grover, a comparison was made between mediation and adversary settlement through random assignment This study yielded positive results with respect to the time of settlement of issues.
Thus, the authors found that cases assigned to mediation were settled in half the time that settlement using adversary settlement occurred.
On the other hand, there are other studies that conclude that mediation is better over adversary settlement in terms of cost, because the former is less expensive than the latter. They also observed that there are more families coming from mediation that go back in order to update or change their existing arrangements.
In addition, Emery, Sbarra and Grover noticed in the follow-up sessions to their study that most of their subjects who belonged to the mediation group were more open to the idea or suggestion of changing their original agreements.
The authors noted that the willingness of the subjects to modify their original arrangements, coupled with the actual facts of modification, is a positive finding. The authors also looked into another factor to compare mediation with the adversary process.
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These changes in substantive law on divorce and family law necessarily caused changes in the procedural aspect of the law. Thus, the increased ease by which couples could seek divorce and the option of individualizing post divorce arrangements heavily increased the dockets of .
Introduction: The Rise in Divorce Rates. Rasul began his paper on the economics of child custody with an observation and analysis of the American family.