An Appeal for Autonomy, Access, and Accountability in Family Court Reform Efforts

• Author: Gabrielle Davis,Loretta Frederick,Nancy Ver Steegh
• DOI: http://doi.org/10.1111/fcre.12117
• Date: 01 October 2014
• Published date: 01 October 2014

AN APPEAL FOR AUTONOMY,ACCESS, AND ACCOUNTABILITY IN

FAMILY COURT REFORM EFFORTS

Gabrielle Davis, Nancy Ver Steegh, and Loretta Frederick

An array of dispute resolution alternatives should be available to families who elect to use them.We suggest a system where

parties maintain unhindered access to traditional courts but are able to knowingly and voluntarily opt into dispute resolution

processes that are delivered in a fair, affordable, and accountable manner. We support provision of community-based and

private-sector services to the extent that court funding and access is not diminished.

Key Points for the Family Court Community:

• Choices about participation in dispute resolution processes should be party driven.

• Parties should receive complete and accurate information about available dispute resolution processes and haveaccess

to confidential legal advice.

• Dispute resolution processes should be fair, affordable, competently provided, and accountable.

• Parties should have open access to traditional court processes.

Keywords: Access;Accountability;Courts;Dispute Resolution;Fairness;andInformed Consent.

INTRODUCTION

This article is written in response to an invitation seeking reactions to the White Paper of the

Institute for the Advancement of the American Legal System’s Honoring Families Initiative on the

court and separating and divorcing families.1We hope that publication of our perspective will lead to

wider engagement with the important issues raised in the White Paper.

The White Paper explores at some length the character, source, and availability of dispute resolu-

tion processes and it poses dilemmas for future consideration.2In this response, we discuss challenges

that specifically pertain to decisions about the appropriateness of dispute resolution processes for

individual families, fairness and accountability of dispute resolution processes, and access to tradi-

tional court processes as and when needed, leaving for another day other questions raised in the White

Paper.

The White Paper advances the laudable goal of promoting “dignified and fair processes for the

resolution of divorce and child custody cases in a manner that is more accessible and more responsible

to children, parents, and families.”3It recognizes that family law cases involve important rights and

constitutional values and that family courts serve a vital function in protecting those rights and

values.4The White Paper also acknowledges that many families can successfully resolve divorce

and child custody cases without the full machinery of the family courts coming to bear on their lives

and that a variety of services and options, including parent education, mediation, and financial

planning, should be available to support families through the process of separation and divorce.5

Indeed, the White Paper points to the trend among family courts across the nation to promote

cooperative decision making in family law cases, reserving judicial intervention for “the most

complex, conflicted, or dangerous cases.”6Given the practical realities of mounting caseloads, dimin-

ishing resources, lack of ready access to legal advice and information, and the capacity of most

separating parents to resolve custody disputes short of trial, the White Paper argues that an array of

dispute resolution alternatives should be availableto those who can safely, knowingly, and responsibly

benefit from them, without the need for elaborate judicial intervention.7

Correspondence: gdavis@bwjp.org; nancy.versteegh@wmitchell.edu;lfrederick@bwjp.org

FAMILY COURT REVIEW,Vol. 52 No. 4, October 2014 655–661

© 2014 Association of Familyand Conciliation Cour ts