Abstract
Abstract This chapter examines the role of lawyers as client advocates in family dispute resolution (FDR). It explores the current state of advocacy and the hope for its continued evolution. It posits that family lawyers should consider themselves problem-solvers and actively participate in innovative FDR processes. It discusses the importance of professionals and parties understanding the negative impact of conflict on families, and especially children, and the numerous benefits of cooperative co-parenting. It looks at the role of lawyers in various dispute resolution modalities, focusing on collaborative law and mediation, and the need for family lawyers to become skilled negotiators. The chapter calls for lawyers to increase their participation in mediation alongside their clients and for a larger role for the interests of children in FDR processes. It describes and challenges family lawyers to understand the range of dispute resolution options available and to embrace their ethical duty to discuss those options thoroughly with every client, and it urges FDR lawyers to find ways to make their innovative approaches affordable to all clients.
Published Version
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