With all the controversy over government taxes, expenditures and regulation, the possible solution of privatizing certain government functions arises. This is not a new idea. There was even a 1988 Presidential Commission on Privatization – Toward More Effective Government. See report at http://pdf.usaid.gov/pdf_docs/PNABB472.pdf. The commission’s report did not deal with the judicial system but my research did find Privatization of Judicial Services an article by Doris Marie Provine and Carroll Seron in the Journal of Public Administration Research and Theory: J-PART
Vol. 1, No. 3 (Jul., 1991), pp. 319-336. There are many more articles. What I have thought about recently is whether it is possible and desirable to privatize that portion of the judicial system that is concerned with divorce. This was prompted by watching a recent story on television discussing the layoff of court personnel in the California Judicial system and the expected resulting back logs. It might take years to hear a divorce case. Privatization could reduce some of the cost of the judicial system and speed up the process. Ironically, we actually privatize marriage. A couple obtains a license and the a private party can marry them. The private divorce system might look like this. A couple could get a license to divorce. They would resolve their case with attorneys or mediators and then submit the settlement to a person licensed to grant a divorce. The person does not have to be a lawyer in a therapist may be an excellent person to be licensed to grant divorces. Contested cases or post judgment issues could also be heard by a person licensed to grant a divorce. The couple would pay the person licensed to grant a divorce. Once the divorce was granted, the terms would be filed with the license. As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM(224) 6/22/11
Vol. 1, No. 3 (Jul., 1991), pp. 319-336. There are many more articles. What I have thought about recently is whether it is possible and desirable to privatize that portion of the judicial system that is concerned with divorce. This was prompted by watching a recent story on television discussing the layoff of court personnel in the California Judicial system and the expected resulting back logs. It might take years to hear a divorce case. Privatization could reduce some of the cost of the judicial system and speed up the process. Ironically, we actually privatize marriage. A couple obtains a license and the a private party can marry them. The private divorce system might look like this. A couple could get a license to divorce. They would resolve their case with attorneys or mediators and then submit the settlement to a person licensed to grant a divorce. The person does not have to be a lawyer in a therapist may be an excellent person to be licensed to grant divorces. Contested cases or post judgment issues could also be heard by a person licensed to grant a divorce. The couple would pay the person licensed to grant a divorce. Once the divorce was granted, the terms would be filed with the license. As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ WM(224) 6/22/11