Cady Initiative

The critically acclaimed Netflix movie depicts a couple who decides to end their marriage. Although dramatized, the movie portrays several realities of the traditional divorce process—and highlights where alternative dispute resolution methods such as mediation could provide a more collaborative forum for resolving family disputes.  

The National Self-Represented Litigants Project has released its 2018/2019 report on the demographics of SRLs in Canada, including their income, education level, party status, and experience with legal services. While some of the results may come as no surprise, others are more eyebrow-raising.  

Eldercaring Coordination is an innovative dispute resolution process for high-conflict cases, providing an alternative to the traditional adversarial court process. By directly focusing on elders and their legally authorized decisionmakers, Eldercaring Coordination helps families work together to regain harmony and make decisions for the elder that all family members can agree on. 

In late September, the Indiana Supreme Court announced the creation of the Indiana Innovation Initiative. One of the initiative’s two subgroups, the Family Law Taskforce, will consider the Family Justice Initiative Principles supported by IAALS in order to improve the way Indiana’s courts handle domestic relations cases.

We at IAALS are among the many saddened by the untimely passing last week of Mark Cady, Iowa's Chief Justice. He had served as a judge for some 33 years, during which time he defended the importance of judicial independence and civic education as well as worked tirelessly to improve our nation's state family courts. 

In partnership with national experts, IAALS has developed three new guides to support real change in state courts. Stemming from our work on the Civil Justice Initiative and Family Justice Initiative, the guides are designed to assist in creating effective self-help information for those who need it, developing problem-solving approaches for families in court, and providing insight for judges who interface with self-represented litigants.

Alternative dispute resolution is becoming increasingly more prevalent in New York state civil courts, and New York recently announced a renewed commitment to ADR. Legal professionals believe ADR, and in particular mediation, could have a dramatic improvement in some areas of family law, including expediting divorce proceedings and—perhaps most significantly—decreasing the emotional havoc that divorce can wreak on both parties and their children.

As state courts around the country have been responding to the Conference of Chief Justices' 2016 Call to Action for civil justice reform, IAALS, NCSC, and NCJFCJ also have been focused on developing companion recommendations for evaluating and improving the way courts handle domestic relations cases, which have just been released.

In an important step toward making family courts more user-friendly and less adversarial, the Conference of Chief Justices has adopted new guidelines to help courts be more responsive to the needs of families.

A first of its kind study, this landscape report brings together national data from family cases that confirms what we have long known at IAALS: family courts must do more to focus on problem solving rather than rely on the traditional structure framed around an adversarial approach.