negotiations in family law Essay

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     Civil Courts prefer to remain impartial towards parental religious beliefs and practices when determining what is in the best interest of a child. Yet, case law makes it clear that the religious practices of the parents and the proposed course of religious education may become relevant factors for the court to consider in determining custody or visitation. Recent statistics indicate that the divorce rate in the United States has reached fifty percent and shows no sign of decline. Polls show that Americans are become more religious and that bi-religious marriages are on the rise. When the parent informs the attorney that the opposing party will attempt to use his or her religious beliefs, practices, or…show more content…
The mediator's job is to help the spouses negotiate an agreement that each of them considers fair enough to accept. By personally participating in the creation of their own agreement, couples in divorce mediation maximize their control over the dissolution of their marriage. This reduces the probability of post-divorce disputes and increases the likelihood of post-divorce compliance. Moreover, the stress and anxiety associated with separation and divorce, particularly for children, can be reduced. Participation in mediation assists parents in affirming their affection and concern for the children and can reduce the normal fears and anxieties of children concerning the "loss" of one parent. Research indicates that the successful adjustment of children following separation and divorce is directly related to the level of cooperation between parents and their continued involvement in the lives of their children. Mediation encourages participants to see themselves and each other as capable parents with a continuing responsibility to plan together for the future of their children as they negotiate a solution that is satisfactory to both parents by not just looking at a fixed pie but creating solutions that are beneficial to both parties by expanding the pie especially concerning issues concerning religion. Negotiation can be defined as a communications process used to put deals together and to
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