It often requires ongoing contact between parties. In addition, "marital and family law takes place in this heightened emotion atmosphere that is not present in other litigation," West notes. "The Family Law Section's 'Bounds of Advocacy' handbook is proving to be a legal best-seller in Florida, albeit a free one," the Florida Bar New Reports. Richard West, immediate past chair of the section, states, "The general thrust of it is that marital and family law is different from other forms of litigation, and it needs to be handled differently."
West contributed to assembling the handbook and works regularly to distribute it. The handbook West distributes consists of a recognition that minimum standards of ethical conduct in Florida Bar rules are not sufficient for many family law cases. In family law, West admits, it is possible: "for a litigant to win the legal battle, but lose the emotional and financial war."
As this paper addresses the issue of arbitration in the family law sphere, it purports to determine when and how arbitration should be used in the family law scheme. It also considers whether it is advisable to utilize arbitration in family law scenarios.
Family Law
Family law is that branch of the law of consisting of the substantive and procedural rules that regulate the creation, ongoing relations, termination and post-termination consequence of family relationships, and the legal rights, privileges, and restructurings pertaining to such relationships. Direct regulation of family relations (e.g., rules governing marriage, paternity, adoption, child abuse and neglect, divorce, custody, support, etc.) are the major focus of law school courses and of most families fall practice. However, indirect family regulations arise in virtually all other subjects in the law school curriculum also. The addition of the "family factor" to otherwise normal problems of property, evidence, tort law, etc., often create a new, hybrid dilemma in which the family policy issue may overshadow the issue tort, evidence, or property law, etc. Historically, the primary focus of state family law of regulation has been (and still is) upon the nuclear family, through the regulation of relations between persons in analogous relationships such as the extended, quasi-, and alternative-families are increasingly being discussed in the literature and a rising in the cases.
In family laws in the United States, no such thing as "THE family law of the United States of America," exist. Instead, two [state; Federal or 52, depending on a person's perspective] sets and systems of family law in the United States. These sets and systems greatly differ from each other in substance, procedures and structures. "No state law entirely independently." Currently, in regard to arbitration in the family law sphere, the following family law matters may be custody, support, divorce, alimony, property division.
What the American Family Needs?
After investing10 years into a study, however, the American Law Institute determined the modern American family "needs a more modern divorce law."
The American Law Institute issued recommendations that cover concerns such as child custody, child support, alimony, legal rights of gay couples, and parents who choose not to marry.
On November 15, 2007, in another report compiled by Dr. Carol Coulter, a journalist, cites cases before the family law courts and revealed that "domestic violence accounts for almost half of all cases dealt with by the Family Law courts." During the course of this study, approximately 10,000 domestic violence cases were heard in court in one year. "Another quarter of the 20,000 family law cases last year involved custody battles over children. On some days, a judge anonymously stated in the report, due to the high caseload, "as many as 70 different family law cases could be listed in a single court for the same day. This, "the judge states, "often means that cases have to be adjourned and many are not given adequate time."
As the judge stressed: "This is not a satisfactory service where the organization of people's lives and the welfare of their children is at stake."
Other points noted by a report called Family Law Matters, released by the Courts Service, include:
Almost 10,000 domestic violence cases were heard in total.
20,900 family law applications in the district courts in 2006.
Of these, some 5,027 were for custody and access to children, of which 3,453 were granted. Another 1,417 were struck out or withdrawn, while just 157 were refused.
Of 1,742 applications for guardianship from unmarried fathers, 1,268 were granted, 432 struck out and just 42 refused. There were 9,924 applications under the Domestic Violence Act.
These included 605 barring...
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