Counseling and Negotiation

Please contact Maxine Grosshans, the course liaison, for research-related questions at mgrosshans@law.umaryland.edu.

Getting Started | Secondary Sources: Journals, Law Reviews, Databases & Treatises | Secondary Sources: Books | Primary Sources: Statutory Materials | Primary Sources: Administrative Materials | Primary Sources: Judicial Materials | Related Websites

Getting Started

With any project, unless you are already knowledgeable about the topic area, it is best to start with basic, introductory resources and then to consult more focused works, moving from secondary sources to primary sources. Please be aware that with Lexis Advance WestlawNext you must work to access specific databases.

Secondary sources such as articles and books can provide you with an overview of your topic and help you think of search terms you might not have thought of otherwise. They also cite primary authorities such as statutes and cases. You can use the primary sources cited in secondary sources as a jumping off point to find other primary sources in several ways:

  • Shepardize or KeyCite them to see what other sources have cited them;
  • Read cases to see what other sources they cite;
  • On Westlaw or in West Digests, look up the topics and key numbers in the cases you've already read to find other cases that address the same issues;
  • On Lexis, use "More Like This" to find other sources with wording or citation patterns similar to the document you started with;
  • Read annotations to statutes to find cross references to cases that have analyzed them or regulations that have been issued under their authority.

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Secondary Sources: Journals, Law Reviews, Databases & Treatises

The two main indexes to law journals are LegalTrac and Index to Legal Periodicals & Books (which includes books as well). These indexes include references to many journals not included in Westlaw or Lexis databases and in some cases provide access to the full text electronically. Each of these two online indexes has a parallel print version: the Current Law Index [K33 .C87], and the Index to Legal Periodicals [K9 .N32] are shelved near the print journals on level 1. The Index to Legal Periodicals is particularly helpful if you need to find articles published prior to 1980. For additional help on finding articles, link to Finding Articles in Legal Journals and Law Reviews.

Most print journals are shelved on level 1 of the library, in alphabetical order by journal title. To find out if the library has a particular journal title in electronic format, use the e-journals link on the Library web page. You can also check the Full Text Citation Linker (be aware that the Linker does not offer 100% coverage of all online full text sources in the Library.) Or you can e-mail us using the Library Reference link.

Journals:

While most general law reviews publish articles on Counseling & Negotiation, there are a number that focus specifically on the topic :

Note: Lexis contains a combined file containing Alternative Dispute Resolution and Mediation Law Review Articles (ADRMLR) while individual titles focusing on ADR and Mediation must be searched indivudually in Westlaw. Also, MICPEL publications are now being published by the Maryland State Bar Association [MSBA]. They are also available on Lexis and Westlaw.

Lexis:

Westlaw:

 

Articles That Might Help Your Research:

After the Altar: Postnups , E. Berg. 28 California Lawyer 14 (Mar. 2008)
Client Counseling, Mediation, and Alternative Narratives of Dispute Resolution. 10 Clinical Law Review 833-74 (2004)
Confidentiality Clause in Separation Agreement Enforceable, 23 American Journal of Family Law 242-3 (March 2010)
Court-Connected Mediation and Minorities: A Report Card, Sharon Press. 39 Capital University Law Review 819-851 (2011)
Divorce Mediation: The Importance of Client Preparation, Justin L. Terch. 69(2) Bench & Bar of Minnesota 20-21 (Feb. 2012)
Do Foreclosure Mediation Programs Help Homeowners Prevent Loss of Their Homes? 65 (1) Dispute Resolution Journal 10-11 (Feb./Apr. 2010
ICDR Offers Concurrent Mediation/Arbitration Clause, S.K. Andersen. 63 Dispute Resolution Journal 15-17 (Nov. 2008/Jan. 2009)
Lovers' Contracts in the Courts: Forsaking the Minimum Decencies, J.T. Younger. 13 William and Mary Journal of Women and the Law 349-428 (2007)
Stumbling Down the Courthouse Steps: Mediators' Perceptions of the Stumbling Blocks to Successful Mandated Mediation in Child Custody and Visitation, Sandra J. Perry [and others]. 11 Pepperdine Dispute Resolution Law Journal 441-465 (2011)
Trials, Verdicts and Mediation in Maryland's U.S. District Court, Heather R. Pruger and Susan K. Gauvey. 43 (4) Maryland Bar Journal 52-55 (July/Aug. 2010)
Unprincipled Family Dissolution: The American Law Institute's Recommendations for Spousal Support and Division of Property , David Westfall. 27 Harvard Journal of Law & Public Policy 917-960 (2004)

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Books

Use the online catalog to find treatises available in the Thurgood Marshall Law Library . Some suggested subject headings to search are Domestic Relations - Maryland or Divorce Settlements or Divorce - Law and legislation - Maryland or Separation (law) - Maryland. For research hints on how to use the catalog, see the Research Guide - Searching the Catalog.

Brief Bibliography:

Dividing pensions in divorce. Gary A. Shulman, David I. Kelley [and] Daniel E. Kelley. 3d ed. Austin: Wolters Kluwer Law & Business, 2010.[ KF535.7.S578 2010]
Domestic Law in Maryland, David Diggs, Paul A. Dorf and Ferrier Stillman. Eau Claire, WI: National Business Institute, 2000. [KFM1294.5.D54 2000]
Essential Lawyering Skills: Interviewing, Counseling, Negotiation and Persuasive Fact Analysis, Stefan H. Krieger and Neumann. 4th ed. New York: Aspen Pub. Co., 2011. [Reading Room KF300.E84 2011]
Getting to Yes: Negotiating Agreement Without Giving In, 2nd ed. Robger Fisher and William Ury; with Bruce Patton, editor. Boston: Houghton Mifflin, 1991 [BF637.N4 F535 1991]
Marital property workshop. [Faculty includes Michael G. Hendler...et al.] Baltimore: MICPEL, 2008 [KFM1297.Z9M38 2008]
Marital settlement agreement - form. Thomas C. Ries [and] Richard B. Jacobs. Baltimore: MICPEL, 2009. [KFM1300.A65M37 2009]
Maryland Divorce and Separation Law, edited by Daniel F. Thomas. 9th ed. Baltimore: MICPEL, 2009. [ KFM1300.M37 2009]
Maryland Domestic Relations Forms with Practice Commentary, Ann M.Turnbull and Joseph J. Wass. Newark, NJ: Lexis-Nexis, 2005 [KFM1294.5.A65T8] SEE FORM 1.12 Last update is 12/2010
Maryland Family and Juvenile Law Practice Manual and Forms, Natalie H. Rees. Brooklandville, MD: Data Trace Pub. Co. 2003 [KFM 1294.R44 2003] See Chapter 3 Last update is March, 2011
Maryland Family Law. Cynthia Callahan and Thomas C. Ries, 5th ed. New Providence, NJ: LexisNexis, 2011 [KFM1294.C35 2011]
Maryland Practice Forms, LaKeica R. Allen, Young Lawyers Section, Maryland State Bar Association. 6th ed., Baltimore: MICPEL, 2009 [KFM1738.A65M34 2009]
Practice Manual for the Maryland Lawyer. 3d ed. Baltimore: MICPEL, 1993- [KFM1281.M3 1993] Loose-leaf. Vol. 2 contains Family Law Information Last update is 2008
Tax aspects of marital dissolution. Leon Gabinet. 2nd ed., rev.St. Paul, MN: Thomson/West, 2005. [KF6333.W74 2005] Contains 2010/2011 Supplement


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Primary Sources: Statutory Materials

In Maryland most of the legislation dealing with Dispute Resolution can be found in the Courts & Judical Proceedings Article of the Maryland Code (Md. Code Ann. Cts. & Jud. Proc. sec. 3-201 et seq.) Divorce is dealt with in the Family Law article (Md. Code Ann. Fam. Law).

Some useful electronic sources of statutory and legislative materials are linked below. For more information on state legislative research, including Maryland legislative history, see Chapter 9 of the Thurgood Marshall Law Library Guide to Legal Research.

Free:

Lexis:

Westlaw:

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Primary Sources: Administrative Materials

Divorce and Family Law are governed by state legislation.

The Maryland agency with the most responsibility for aspects of divorce legislation is the Department of Human Resources Title 7 of the Code of Maryland Administrative Regulations (COMAR). For more information on researching Maryland administrative law, see Chapter 9 of the Thurgood Marshall Law Library Guide to Legal Research.

Free:

Lexis:

Westlaw:

 

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Primary Sources: Judicial Materials

For general information on finding and updating case law, see Chapter 7 of the Thurgood Marshall Law Library Guide to Legal Research.

Free:

Note: Free databases do not include cases dating back as far as the materials in Lexis and Westlaw databases. It is not recommended that you use free case law databases in your research.

Lexis:

Tip: If you find one good case on Lexis, you may be able to find others by identifying the headnote that best describes the issue of interest to you, then clicking "More Like This Headnote," or by Shepardizing the case to find other cases that have cited it for the issue represented by that headnote.

Westlaw:

Tip: If you find one good case on Westlaw, you may be able to find others by identifying the headnote that best describes the issue of interest to you, then clicking "Most Cited Cases" for that headnote. You could also try clicking "KeyCite Notes" to find other cases that have cited your good case for issue represented by that headnote.

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Related Websites

Listed below is a selected list of websites of organizations and other entities with collections specializing in Counseling and Negotiation

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Updated by Maxine Grosshans July 25, 2012