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Divorced from RealityRethinking Family Dispute Resolution$
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Jane C. Murphy and Jana B. Singer

Print publication date: 2015

Print ISBN-13: 9780814708934

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814708934.001.0001

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(p.83) 5 From Gladiators and Umpires to Problem-Solvers and Managers

(p.83) 5 From Gladiators and Umpires to Problem-Solvers and Managers

(p.83) 5 From Gladiators and Umpires to Problem-Solvers and Managers
Divorced from Reality

Jane C. Murphy

Jana B. Singer

NYU Press

This chapter examines the changing roles of lawyers and judges in the new family court system and the implications of these new and expanded roles for families and family dispute resolution. While lawyers continue to represent clients in the new paradigm, they are called on to do so in different or expanded ways. The current regime invites lawyers to assume new roles as facilitators and dispute resolution neutrals. Similarly, while judges continue to adjudicate the small percentage of family cases that go to trial, they have also taken on expanded roles as team leaders, managers, and therapeutic agents. These changes reduce the distinctions between judging and lawyering, and blur the roles of judges and attorneys; they also challenge existing ethical norms for both lawyers and judges.

Keywords:   lawyers, judges, family court system, family dispute resolution, dispute resolution neutrals, therapeutic agents, ethical norms

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