This chapter discusses the role of consensual dispute resolution (CDR), which allows parties to resolve their disputes outside of the judicial system, in same-sex relationship dissolutions. Two forms of CDR are mediation and collaborative law. In mediation, the parties meet with a neutral professional who helps the parties identify and resolve their disputes. In collaborative law, each party is represented by a collaborative attorney. The chapter, outlines characteristics of mediation and collaborative law, including their similarities and differences, and the tenets of a collaborative divorce. It then describes how the history of discrimination in the courts has affected LGBTQ families and made the use of CDR a more satisfactory and safe way to uncouple. It examines the unique issues that arise for some LGBTQ clients. Lastly, it reviews the skills a CDR professional needs to work with LGBTQ clients.
The adversarial system and the best interests of the child in divorce litigation: some thoughts regarding collaborative law as a means to resolve parental disputes