SciELO - Scientific Electronic Library Online

vol.18 issue5Reasons for prosecutorial decisionsThe South African Constitutional Court's use of foreign precedent in matters of religion: Without fear or favour? author indexsubject indexarticles search
Home Pagealphabetic serial listing  

PER: Potchefstroomse Elektroniese Regsblad

On-line version ISSN 1727-3781


ROBINSON, JA. 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. PER [online]. 2015, vol.18, n.5, pp.1528-1544. ISSN 1727-3781.

In this contribution it is argued that the adversarial system of litigation does not serve the best interests of children upon divorce. After a brief analysis of the system it is concluded that other less aggressive means of litigation should be considered underupon divorce. Collaborative Law is suggested as a means to bear in mind. The fact that current practice of lawyer negotitiatons in respect of divorce is not too far removed from Collaborative Law may lead to practitioners readily accepting the concept.

Keywords : best interest of the child; collaborative law; adversarial system; mediation.

        · text in Afrikaans     · Afrikaans ( pdf )