Though civil courts exist to help keep a society civil and settle disputes in a healthier way rather than people resorting to feuding, I think this article misses a vital point...taking a divorce/intimate breakup to court is like hammering a square peg through a round hole, both the peg and the hole are damaged. Divorce/intimate breakup is about human relationships. legal principles and process may work well in material circumstances, they convolute and distract the unraveling and reconcilation of human affairs like in marriage-type and parent to child relationships. That is why family mediation is best done as close to real life as possible and not in the choreography of the legal system.
John , San Francisco CA 05/14/13
This is an article about arbitration, not mediation, as revealed in the statement that "This procedure has the effect of transforming the mediator into a de facto arbitrator." It is important that we understand the difference between mediation and arbitration, even when courts, the legislature and attorneys don't know the difference between the two words.