Counseling Clients to Do the Right Thing in Child Custody Cases

Abstract

The frequency of divorce has naturally led to efforts to ameliorate its effects. One such effort has focused on the manner in which custody disputes are settled at divorce. In recent years, there has been a tide of criticism against the "traditional" way of settling custody disputes at divorce. In fact, it has been suggested that custody disputes be removed from the courts altogether. Disenchantment with court-ordered adjudications and lawyer negotiated settlements has led to an increased emphasis on alternative dispute resolution, especially mediation, as a means of ordering the breakup of a marriage. But even in a regime in which alternative dispute resolution mechanisms are available, or even mandated, there is and will continue to be a leading role for attorneys. In this article, Professor Bubany explores that role.