IT TAKES A VILLAGE: USING SENIORS TO HELP DIVORCING …outlier, both globally and historically.9...

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IT TAKES A VILLAGE: USING SENIORS TO HELP DIVORCING FAMILIES Forrest S. Mosten* and Lara Traum** “It takes a village to raise a child . . . children will thrive only if their families thrive and if the whole of society cares enough to provide for them.” ~Hillary Clinton, quoting an Ancient African Proverb I. INTRODUCTION As the United States’ sizable Baby Boomer generation ages, market forces have approached the phenomenon of a growing eld- erly population in various ways. 1 Plastic surgeons and cosmetolo- gists have revived the pursuit of youthful exteriors, capitalizing on the possibilities of an era of medical advancement and increased longevity. 2 Legal professionals have opened booming Elder Law practices, focusing their efforts on an expanding elderly client * Forrest S. Mosten is a collaborative lawyer and mediator who has been in private peace- making practice in Los Angeles since 1979. He has a full time family practice without accepting litigation engagements. He balances his professional time by serving as an adjunct professor of law at UCLA and keynotes conferences and presents trainings worldwide. He is the author of four books and numerous articles in the areas of collaborative practice, mediation, unbundling legal services, building profitable professional practices, expanding legal access, and peacemak- ing. For correspondence, see www.MostenMediation.com. ** Lara Traum is the Vol. 17 Editor-in-Chief of the Cardozo Journal of Conflict Resolution and a 2016 J.D. Candidate at the Benjamin N. Cardozo School of Law. Upon meeting Forrest at the Journal’s 2015 Symposium: All in the Family: Intimate Parties, Intimate Issues and ADR, Lara felt an instant kinship with a practitioner and educator many years her senior. As their in- tergenerational bond developed, Forrest shared an idea that he had harbored for some time, inspired by his work with the Ogala Sioux and Hopi Native American tribes—the creation of an Elder Volunteer Corps to assist divorcing families. Lara gladly accepted Forrest’s invitation to embark on this journey, and is honored to have had the opportunity to co-author this Article. 1 The elderly represent a ready and capable resource to assist divorcing families. “The eld- erly have accounted for 12% to 13% of the population since 1990; this range is higher than at any time in the nation’s history. With each successive decade, the percentages will increase so that by 2050 the elderly will represent 19% of the population.” Jeffrey S. Passel & D’Vera Cohn, U.S. Population Projections: 2005-2050, PEW RES. CTR. SOC. TRENDS (Feb. 11, 2008), http://www .pewsocialtrends.org/files/2010/10/85.pdf; see also Karen L. Fingerman et. al., The Baby Boomers’ Intergenerational Relationships, 52 GERONTOLOGIST 199 (2012), http://gerontolo- gist.oxfordjournals.org/content/52/2/199.full.pdfˇ tml; MARC FREEDMAN, PRIME TIME: HOW BABY BOOMERS WILL REVOLUTIONIZE RETIREMENT AND TRANSFORM AMERICA (1999). 2 See Roberta Honigman & David J. Castle, Aging and cosmetic enhancement, CLIN. IN- TERV. AGING 115 (2006), http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2695163/. 767

Transcript of IT TAKES A VILLAGE: USING SENIORS TO HELP DIVORCING …outlier, both globally and historically.9...

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IT TAKES A VILLAGE: USING SENIORS TOHELP DIVORCING FAMILIES

Forrest S. Mosten* and Lara Traum**

“It takes a village to raise a child . . . children will thrive only iftheir families thrive and if the whole of society

cares enough to provide for them.”

~Hillary Clinton, quoting an Ancient African Proverb

I. INTRODUCTION

As the United States’ sizable Baby Boomer generation ages,market forces have approached the phenomenon of a growing eld-erly population in various ways.1 Plastic surgeons and cosmetolo-gists have revived the pursuit of youthful exteriors, capitalizing onthe possibilities of an era of medical advancement and increasedlongevity.2 Legal professionals have opened booming Elder Lawpractices, focusing their efforts on an expanding elderly client

* Forrest S. Mosten is a collaborative lawyer and mediator who has been in private peace-making practice in Los Angeles since 1979. He has a full time family practice without acceptinglitigation engagements. He balances his professional time by serving as an adjunct professor oflaw at UCLA and keynotes conferences and presents trainings worldwide. He is the author offour books and numerous articles in the areas of collaborative practice, mediation, unbundlinglegal services, building profitable professional practices, expanding legal access, and peacemak-ing. For correspondence, see www.MostenMediation.com.

** Lara Traum is the Vol. 17 Editor-in-Chief of the Cardozo Journal of Conflict Resolutionand a 2016 J.D. Candidate at the Benjamin N. Cardozo School of Law. Upon meeting Forrest atthe Journal’s 2015 Symposium: All in the Family: Intimate Parties, Intimate Issues and ADR, Larafelt an instant kinship with a practitioner and educator many years her senior. As their in-tergenerational bond developed, Forrest shared an idea that he had harbored for some time,inspired by his work with the Ogala Sioux and Hopi Native American tribes—the creation of anElder Volunteer Corps to assist divorcing families. Lara gladly accepted Forrest’s invitation toembark on this journey, and is honored to have had the opportunity to co-author this Article.

1 The elderly represent a ready and capable resource to assist divorcing families. “The eld-erly have accounted for 12% to 13% of the population since 1990; this range is higher than atany time in the nation’s history. With each successive decade, the percentages will increase sothat by 2050 the elderly will represent 19% of the population.” Jeffrey S. Passel & D’Vera Cohn,U.S. Population Projections: 2005-2050, PEW RES. CTR. SOC. TRENDS (Feb. 11, 2008), http://www.pewsocialtrends.org/files/2010/10/85.pdf; see also Karen L. Fingerman et. al., The BabyBoomers’ Intergenerational Relationships, 52 GERONTOLOGIST 199 (2012), http://gerontolo-gist.oxfordjournals.org/content/52/2/199.full.pdftml; MARC FREEDMAN, PRIME TIME: HOW BABY

BOOMERS WILL REVOLUTIONIZE RETIREMENT AND TRANSFORM AMERICA (1999).2 See Roberta Honigman & David J. Castle, Aging and cosmetic enhancement, CLIN. IN-

TERV. AGING 115 (2006), http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2695163/.

767

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base.3 Nursing homes and retirement communities have begun toexperience overcrowding and resources have dwindled in the faceof increased need.4

Doctors, lawyers, and policy-makers continue to highlight the“problems” posed by the growth of the United States’ elderly pop-ulation. However, a growing elderly population offers an invalua-ble resource to the community at large.

Senior citizens can provide society with elder wisdom. Whoamong us could not benefit from another parent or grandparent?The elderly have lived through the changing tides of technologicaladvancement and social change. They often have seen the adventof the Internet, cellular telephones, and increased transportation.They have borne witness to the Civil Rights Movement and thechanging tides of socio-political discourse. They have experiencedwar and peace, prosperity and financial decline, and they have de-veloped unique insights and perspectives regarding these variousfacets of life.

Many senior citizens have experienced what it means to bepart of a family and community. They remember being young chil-dren, yearning for maternal attention and paternal validation.They often remember being husbands and wives, mothers and fa-thers, grandparents, and sometimes even great-grandparents. Asthe elderly population grows, our collective access to this resourceof vast experience and perspective grows as well.

Collaborative, multi-generational family decision-making hasbeen a cornerstone of family dynamics for centuries.5 In contem-porary society, these dynamics continue to evolve. Women withchildren, choosing not to stay at home but remain in the workforce,have started to rely on grandparents as primary caregivers foryoung grandchildren.6 As inflation rates and wage stagnation con-tinue to dim the American Dream, seniors have re-directed theirsavings towards broader family funding, creating trusts for theirstruggling children and grandchildren and co-signing mortgages

3 See Sherry Karabin, The changing population creates a growing niche for lawyers, CHI. L.(Nov. 2011), http://chicagolawyermagazine.com/Archives/2011/11/Elder-Law-Careers.aspx.

4 See Lorraine C. Mion, Care Provision for Older Adults: Who Will Provide?, 8 J. ISSUES

NURSING (2003), www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodi-cals/OJIN/TableofContents/Volume82003/No2May2003/CareProvisionforOlderAdults.aspx.

5 See generally MARILYN J. COLEMAN & LAWRENCE H. GANONG, THE SOCIAL HISTORY OF

THE AMERICAN FAMILY: AN ENCYCLOPEDIA (2014); Marcia Carteret, Culture and Family Dy-namics, DIMENSIONS CULTURE (2011), http://www.dimensionsofculture.com/2010/11/culture-and-family-dynamics.

6 COLEMAN & GANONG, supra note 5.

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and college tuition plans.7 While cultural realities dictate some ofthe nuances surrounding family decision-making, the need forelder assistance remains a constant. Divorcing parents and theirchildren need the assistance and support of seniors who can offertheir talent, life experience, and compassion.

Multi-generational family collaboration has also been a com-munal building block cross-culturally.8 American ambivalence to-wards the opinion and involvement of the elderly is a modernoutlier, both globally and historically.9 Dating back to prehistorictimes, the survival of young children was often credited towardsthe care of their grandmothers, who were responsible for providingfood and passing on survival tips based on their own tested experi-ence.10 In ancient and modern Chinese families, the acknowledgedsuperiority of experience has instilled reverence for the opinions ofgrandparents, who often cohabit with their children and grandchil-dren.11 In African American families, elderly women are responsi-ble for passing down oral histories and cultural tenets, teachingsubsequent generations to value human relationships, children, andself-reliance.12 In Native American communities, elders are knownfor teaching younger tribe members about their culture, traditions,social values and beliefs.13 While some of the aforementionedcommunities go so far as to form official elder tribunals that issueadvice to the community at large, all of these communities rely ontheir elderly for input in family decision-making.14

In modern American society, divorcing family decision-mak-ing has, too often, been placed in the hands of third-party decision-makers. Rather than relying on their relatives or community el-ders, most families turn to adversarial positioning in a court sys-tem, appearing before a judge who may not understand thenuances of their family dynamics or cultural backgrounds.15 While

7 Id.8 See generally LENE ARNETT JENSEN, THE OXFORD HANDBOOK OF HUMAN DEVELOP-

MENT AND CULTURE: AN INTERDISCIPLINARY PERSPECTIVE (2015).9 Id.

10 Id.11 Id.12 Id.13 JENSEN, supra note 8.14 Id.15 See, e.g., N.Y.C. Bar Assoc. Committee on Fam. Law & Fam. Ct., Introductory Guide to

New York City Family Court, N.Y. CTS. (Feb. 2012), http://www.nycourts.gov/courts/nyc/family/IntroductoryGuidetoNYCFamilyCourt.pdf; Judicial Council of Ca. Court Stat. Rep., StatewideCaseload Trends: 2002-2003 Through 2011-2012, CAL. CTS. (2013), http://www.courts.ca.gov/doc-uments/2013-Court-Statistics-Report.pdf. See also, John Lande & Forrest Mosten, Family Lawy-

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more family-centered options, such as mediation and CollaborativeLaw, do exist, many families in conflict are unaware of such alter-natives.16 Instead, more and more disenfranchised families findthemselves resolving disputes as pro-se litigants in a deterioratingUS court system, facing funding cuts and staff shortages.17 Aspurse strings tighten, improvements to the system stagnate.18

However, valuable resources need not be expensive.The wisdom of an underappreciated elderly population can of-

fer invaluable assistance to underserved pro-se litigants facing fam-ily conflict. This Article will uncover the confluent needs of thefamily court system and the growing elderly population in theUnited States. Section II of this Article will explain the strugglesof the family court system, outline the historic role of the elderly inaddressing family conflict, propose the creation of an Elder Volun-teer Corps to address these communal needs, and discuss the bene-fits of creating such a corps. Section III will suggest logisticalapproaches to forming an Elder Volunteer Corps, focusing on howsuch a corps can address the needs of forgotten populations, in-cluding the pro-se litigant community and the growing Senior Citi-zen population. Section IV will conclude that the inclusion of theelderly as a volunteer corps could revolutionize American culture,teaching a society that typically “discards” the elderly to valuetheir expertise, defer to them as wise elders, and use their assis-tance. The impact of such an Elder Volunteer Corps on Americansociety has clear immediate benefits on a local level, and could“update” American culture in a way that would help the UnitedStates relate to the rest of the global community.

ering: Past, Present and Future, 51 FAM. CT. REV. 20 (2013); Peter Salem, The Emergence ofTriage in Family Court Services: The Beginning of the End for Mandatory Mediation?, 46 FAM.CT. REV. 371 (2009).

16 See generally ANDREW L. SCHEPARD, CHILDREN, COURTS AND CUSTODY: INTERDISCIPLI-

NARY MODELS FOR DIVORCING FAMILIES (2004); Lande & Mosten, supra note 15. 17 See generally Jona Goldschmidt, The Pro Se Litigant’s Struggle for Access to Justice: Meet-

ing the Challenge of Resistance, 40 FAM. CT. REV. 36 (2002).18 Id.

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II. SETTING THE STAGE FOR CREATING AN

ELDER VOLUNTEER CORPS

A. The Growth of the Pro Se Litigant Communityin US Family Courts

Nearly all individuals whose circumstances force them to navi-gate the rocky waters of Family Court find themselves emotionallyand intellectually drained by complicated procedures and adver-sarial animosity. A growing number of these individuals are fur-ther disadvantaged due to their decisions, whether voluntary orcircumstantial, to appear in court without legal representation.Over the course of the past few decades, the number of pro se liti-gants in the family court system has increased exponentially.19 Thepro se litigant community has grown to include members of everyethnic and socioeconomic class.20 These litigants’ characteristicsmay vary, but they all need more assistance than the court systemis equipped to offer.21

While individuals from indigent communities were tradition-ally the main source of self-representation, that trend has shifted.22

Now, educated members of the middle and upper-middle classesare increasingly opting to appear unrepresented in their familycourt disputes.23 In many states, nearly eighty percent of thoseseeking to resolve their disputes in family courts proceed with-out attorney representation.24 Today, more litigants facing family

19 Id. See also Terry Carter, Judges Say Litigants Are Increasingly Going Pro Se – at TheirOwn Peril, ABA J. (Jul. 12, 2010), http://www.abajournal.com/news/article/judges_say_litigants_increasingly_going_pro_se—at_their_own_ (citing ABA Coalition for Justice, Report on the Sur-vey of Judges on the Impact of the Economic Downturn on Representation in the Courts, ABA J.(Jul. 12, 2010), http://www.abajournal.com/files/Coalition_for_Justice_Report_on_Survey.pdf).

20 See Goldschmidt, supra note 17; Carter, supra note 19.21 See Scott L. Cummings & Rebecca L. Sandefur, Beyond the Numbers: What We Know —

and Should Know — About American Pro Bono, 7 HARV. L & POL’Y REV. 83 (2013); RebeccaL. Sandefur, Accessing Justice in the Contemporary USA: Findings from the Community Needsand Services Study, AM. BAR FOUND. (Aug. 8, 2014), http://www.americanbarfoundation.org/uploads/cms/documents/sandefur_accessing_justice_in_the_contemporary_usa._aug._2014.pdf.

22 Carter, supra note 19.23 Id.24 See, e.g., Frances L. Harrison, Deborah J. Chase & L. Thomas Suhr, California’s Family

Law Facilitator Program: A New Paradigm for the Courts, 61 J. CTR. FAMILIES, CHILD. & CTS.(2000), http://www.courts.ca.gov/partners/documents/SH-tab16.pdf (discussing approaches to ad-dressing the rise of pro se litigation in California); Boston Bar Association Task Force on Unrep-resented Litigants, Report on Pro Se Litigation, AM. BAR (Aug. 1998), http://apps.americanbar.org/legalservices/delivery/downloads/bostontaskforce.pdf (discussing the increasing number ofunrepresented litigants in Boston); PROBATE AND FAMILY COURT DEPARTMENT PRO SE COM-

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conflict across the nation appear without counsel than with coun-sel.25

While the demographics of pro se litigants are diverse and thelimited presence of self-help resources affects everyone, the courtprocess does put a unique strain on the community’s underservedpopulations.26 Court dates are typically planned around lawyers’schedules and are inflexibly unaccommodating to clients and un-represented parties.27 These court dates often unduly burden thosewho are least affluent. In order to attend an overabundance ofcourt dates, litigants are often forced to miss work. For those hold-ing tenuous temporary jobs or cobbling together many part-timepositions, frequent absences often place their jobs at risk.

Likewise, less affluent litigants often have smaller support net-works. They and their children often find themselves without fam-ily ties, or are members of communities where everyone isstretched thin with responsibility.28 Without strong support net-works, these litigants are forced to choose between making unaf-fordable child care arrangements and bringing their children tocourt with them.29 Transportation expenses also skyrocket, as liti-gants are forced to travel unusual distances by public transporta-tion or pay exorbitant parking fees while waiting many hours fortheir five-minute hearings.30 Family courts disparately burden indi-gent pro se litigants in a manner that makes courts inaccessible,

MITTEE REPORT, Pro Se Litigants: The Challenge of the Future, Probate and Family Court De-partment of the Trial Court of the Commonwealth of Massachusetts (Oct. 29, 1997), http://www.mass.gov/courts/docs/courts-and-judges/courts/probate-and-family-court/prosefinalreport.pdf(surveying concerns about the rise of pro se litigation and recommending approaches to this risein Massachusetts); Mary Ann Lynch, The Pro Se Problem in Family Courts, AND JUST. ALL

(Oct. 12, 2014), http://andjusticeforall.bangordailynews.com/2014/10/12/laws/the-pro-se-problem-in-family-courts (citing the high percentage of pro se litigants in Maine and Connecticut); Pro SeStatistics, TEX. ACCESS JUST. COMMISSION (Sept. 2009), http://www.texasatj.org/sites/default/files/3ProSeStatisticsSummary.pdf (noting poverty and pro se statistics in the Texas courtsystem).

25 Carter, supra note 19.26 See Jessica K. Steinberg, Demand Side Reform in the Poor People’s Court, 47 CONN. L.

REV 741 (2015).27 See Goldschmidt, supra note 17; Carter, supra note 19.28 See Declaration of Public Health Crisis, ASS. FAM. & CONCILIATION CTS., AFCC CA,

http://www.afcc-ca.org/pdfs/AFCC_DECLARATION_OF_PUBLIC_HEALTH_CRISIS.pdf(last visited Jan. 10, 2016) (describing the court Crisis as a risk to children).

29 See Goldschmidt, supra note 17; Carter, supra note 19.30 See Goldschmidt, supra note 17; Carter, supra note 19.

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even for unrepresented parties who are able to avoid the cost ofattorney fees.31

The dramatic increase in pro se litigation has caused seriousproblems for court personnel, judges, and attorneys opposing un-represented litigants.32 Due to pro se litigants’ unfamiliarity withthe family court system, their cases invariably encounter delay.While some sophisticated pro se litigants are able to educate them-selves about the process, most still need regular assistance with fil-ings and courtroom appearance preparation, and all pro se litigantsencounter challenges when faced with strategic and procedural nu-ances.33 Thus, many pro se litigants enter the courtroom unpre-pared to exercise their legal rights and meet their financial andpersonal needs. They opt for an excessive number of continuancesand modifications due to their lack of initial understanding.34

Hearings are often protracted, as judges try to impartially explainthe process from the bench.35 Courts are unable to clear theirdockets, and cases stall in the system. Today, as budgets tightenand courts consolidate staff, the outlook seems bleak.

B. Court Deterioration: From Limited Resourcesto Inhospitable Design

Courthouse inefficiencies stem from more than the upsurge ofpro se litigation alone. Insufficient funding, under-staffing, and thedepletion of court resources further exacerbate the problems facedby those with limited understanding of the family court system.Court closures and the reduction of staff and hours have increasedsignificantly across the United States, resulting in the deprivationof access to justice for many litigants.36 These closures and layoffs

31 Shaila Dewan, Court by Court, Lawyers Fight Policies That Fall Heavily On The Poor,N.Y. TIMES (Oct. 23, 2015), http://www.nytimes.com/2015/10/24/us/court-by-court-lawyers-fight-practices-that-punish-the-poor.html?smprod=nytcore-ipad&smid=nytcore-ipad-share.

32 See Julie Macfarlane, The National Self-Represented Litigants Project: Identifying andMeeting the Needs of Self-Represented Litigants Final Report, Convocation – Treasurer’s Advi-sory Group on Access Just. (TAG) Working Group Rep. (May 2013), https://static1.squarespace.com/static/511bd4e0e4b0cecdc77b114b/t/5473a3cde4b07dc0643994be/1416864717309/Self-repre-sented_project.pdf; see also Goldschmidt, supra note 17; Carter, supra note 19.

33 See Macfarlane, supra note 32; Goldschmidt, supra note 17; Carter, supra note 19.34 See Macfarlane, supra note 32; Goldschmidt, supra note 17; Carter, supra note 19.35 Helen W. Gunnarsson, A judge’s perspective on pro se litigants, 99 ILL. B.J. 280 (2011),

https://www.isba.org/ibj/2011/06/lawpulse/ajudgesperspectiveonproselitigants.36 Since 2008, California alone has reduced hours at public service counters in 30 courts,

limited court service days at 15 courts, closed 52 courthouses and 202 courtrooms, and laid off

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uniquely deprive self-represented parties who rely heavily on theassistance of court personnel. Once supported by court staff mem-bers, pro se litigants are now stranded, facing budget cuts thatleave them without access to help or guidance as they attempt tonavigate the court system alone. Most jurisdictions actually pro-hibit court staff from providing assistance, particularly legal advice,to pro se litigants.37

In an effort to address the problems posed by dwindling courtresources that underserve the expanding pro se litigant community,some courthouses have tried to set up family facilitator offices andself-help centers.38 These centers, found within the courts, help prose litigants prepare court forms and learn general legal informationat no cost.39 While these mechanisms are a step in the right direc-tion, facilitator offices and self-help centers do not have enoughresources to meet the needs of the growing pro se litigant popula-tion. Court system budget cuts affect facilitator offices and self-help centers as well. For example, self-help centers housed withintwo county courts in California turned away nearly 8,000 pro selitigants in 2012 alone, citing that they were at capacity and unableto assist walk-in clients or return the myriad of phone calls thatwere made in a given day.40 Volunteers are hard to find, the grantsthat fund these resource centers are insufficient to pay new hires,

nearly 4,000 court staff without re-filling the vacant positions. Barry Goode, Summary of Im-pacts From Instant Survey, COURTS.CA.GOV (Mar. 11, 2013), http://www.sdcourt.ca.gov/portal/page?_pageid=55,1524197&_dad=portal; see also Sharon McCloskey, State courts head into the2015 budget session stripped to the bone, NC POL’Y WATCH (Jan. 14, 2015), http://www.ncpoli-cywatch.com/2015/01/14/state-courts-head-into-the-2015-budget-session-stripped-to-the-bone.

37 Such assistance is deemed the unauthorized practice of law. See Richard Zorza, Some FirstThoughts on Court Simplification: The Key to Civil Access and Justice Transformation, 61DRAKE L. REV 845 (2013), http://www.zorza.net/Simple.pdf.

38 See, e.g., Samantha Yale, New facilitator lends a hand with family law, LOMPOC REC. (Nov.27, 2006), http://lompocrecord.com/news/local/new-facilitator-lends-a-hand-with-family-law/arti-cle_27d49c02-a7a9-5d93-9745-88a52d398baf.html; Family law facilitator for Lake Countyhonored by state association, LAKE COUNTY NEWS (Mar. 30, 2014), http://www.lakeconews.com/index.php?option=com_content&view=article&id=36092:family-law-facilitator-for-lake-county-honored-by-state-association&catid=1:latest&Itemid=197; Ashley Nerbovig, Self-Help LawCenter moves; becomes permanent part of Montana Supreme Court budget, BILLINGS GAZETTE

(Dec. 10, 2015), http://billingsgazette.com/news/crime/self-help-law-center-moves-becomes-per-manent-part-of-montana/article_1ac83c52-35cc-5ad8-85bb-397849fd3db5.html.

39 Family facilitators, typically court attorneys, paralegals, and clerks with experience in fam-ily law, help pro se litigants prepare court forms and learn general legal information at no cost.The facilitators organize educational workshops and help pro se litigants understand their rights,the litigation process, and what they must do in order to navigate the process on their own. Self-help centers similarly offer legal forms and education to pro se litigants. Goode, supra note 36.

40 Id.

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and the centers find themselves at a loss for how to survive, letalone expand.41

Aside from the procedural injustices experienced by pro se lit-igants with limited access to courthouse resources, the overall at-mosphere of family courthouses poses another problem. Theinterior design of most courthouses is reminiscent of hospital hall-ways lined with cold tiles and uncomfortable benches.42 Whilewaiting to be called into a courtroom, anxious parties pace inrooms that resemble gates at an airport, watching dissatisfied liti-gants come and go as they struggle to avoid the glances of theirdisgruntled spouses. Where many courthouses do not offer day-care centers, parties try to quiet and care for the children whostand beside them in these hallways riddled with tension and ani-mosity. The design is not conducive to family peacemaking.

At a loss for guidance, tensions escalate as pro se litigants seekadvice from those unable to give it. Some litigants scramble to aska passing attorney for guidance, which many attorneys decline tooffer. Others turn to court officers for help, not realizing that theydo not have the knowledge or time to assist them. Petition win-dows are overcrowded with stressed, overworked employees whosepatience has run out. The negative atmosphere of the courthouseis compounded by gruff responses from tired personnel and persis-tent queries from confused litigants. Inevitably irritated, litigantscannot help but allow this energy to permeate subsequent negotia-tions and interactions with judges. Thoughtful resolution of familyproblems becomes extremely challenging in these conditions.

As discussed later in this Article, the development of an ElderVolunteer Corps could address the concerns of understaffed andunderfunded self-help centers and intimidating courthouse envi-ronments alike. As the elder population in the United States ex-pands, these willing volunteers can offer invaluable, in-courtmanpower and expertise at little cost. Self-help centers, redesignedand staffed by elderly volunteers, could be the way of the future.

41 Id.42 See, e.g., Michael R. Corbett, Continuity and Change in California Courthouse Design,

1850-2000, in COURTHOUSES OF CALIFORNIA: AN ILLUSTRATED HISTORY (2001).

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C. Elder Wisdom Has Guided Human Development,Problem Solving, and Continuity

It is only in recent American history that the elderly have be-come a “forgotten generation.” The elderly have been active mem-bers of multigenerational family structuring since before theinception of human civilization, and the transfer of elder wisdomtranscends culture, continent, and time period.43 Grandparentalinvolvement in familial life extends from birth to death, from sick-ness to health, through periods of war and periods of peacefulprosperity, and even to religious and educational development.The elderly have offered parenting wisdom to their children, logis-tical support to their grandchildren, and general guidance to theircommunities at large. The formal development of an elder corps ofvolunteers is a natural extension of this timeless exchange betweenthe old and the young that would benefit divorcing parents andtheir children, the family court system, the pro se litigant commu-nity, and the elderly population.

1. Elder Wisdom Is a Constant Across Culturesand Time Periods

Throughout history, elder members of nearly every commu-nity have been seen as beacons of wisdom and sources of support.44

For many, respect for elders needs no explanation—it is a culturalexpectation. The elderly are our living sources of vital communalinformation.

The Inuit culture offers a perfect, timeless example of the roleand importance of the elderly. In the Inuit community, an Inukperson typically turns to an official panel of elders within his com-munity for direction and guidance.45 These Inuit elders garnerdeep respect among members of the community, due to the factthat their opinions are based upon a vast array of social and per-sonal knowledge.46 In the Inuit community, this unique, elder

43 See JENSEN, supra note 8.44 While longevity and human lifestyle alterations have informed a change in the definition

of who is an elderly person, we refer here to individuals that have been perceived as “elders”according to their time period.

45 Mike Bell, What We Have Learned From Our Elders, INUKSHUK MGMT. CONSULTANTS

(Jan. 2003), http://www.inukshukmanagement.ca/What%20we%20have%20learned%20from%20our%20elders—final2.pdf; John K. Mooraidian, Suzanne L. Cross & Glen R. Stutzky, AcrossGenerations: Culture, History, and Policy in the Social Ecology of American Indian GrandparentsParenting Their Grandchildren, 10 J. FAM. SOC. WORK 81 (2007).

46 Bell, supra note 45.

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knowledge is divided into three primary categories: historicalknowledge, practical knowledge, and spiritual knowledge.47 Theelders’ historical knowledge about their community includes an un-derstanding of culture, cosmology, relationships with nature andpeople, communal development, economics, and tradition.48 Theelders’ practical knowledge offers insights about survival in the In-uit environment, and often takes changes in technology and humanlifestyle into account.49 The elders’ spiritual knowledge guides thecommunities’ values, ethical behavior, and responsibility to familyand community.50 The wisdom of Inuit elders is neither limited norstatic. It evolves from generation to generation, responding to so-cial change while learning from history.

Just as the elders of the Inuit community are able to offer his-torical, practical, and spiritual knowledge to members of their com-munity, many elderly individuals have experiential advantages thattransform them into historical, practical, and spiritual guides foryounger parents struggling through divorce. While the Inuit com-munity offers particularly artful explanations for their deference toelder wisdom, most communities defer to their elders for similarreasons.

Deference to elder support was originally rooted in human-ity’s reliance on intergenerational childrearing.51 It was the libera-tion of women and their influx into the workforce that altered thisintergenerational childrearing dynamic.52 During this period,

47 Id.48 Id.49 Id.50 In this third role as spiritual guides, elders offer insight into child rearing, education, famil-

ial respect, and individual and interpersonal sensitivity. Id.51 During the age of hunters and gatherers, physically weak members of the community were

unable to scavenge or hunt and remained by caves and campfires together. These physicallylimited individuals were, most commonly, the oldest and youngest members of the community.Thus, older individuals became caretakers for younger ones. Children grew up to recall theirelderly caretakers as comforters, nurturers, and beacons of wisdom, and would entrust the nextgeneration of elders with the caretaking of their own infants. In trusting elders and relying onthem for infant childcare, young adults in the community showed their elders that they respectedtheir role in society. The elderly, in turn, felt validated as integral members of the community’scycle of life. See MELVIN KONNER, Hunter-Gatherer Infancy and Childhood, in THE EVOLUTION

OF CHILDHOOD: RELATIONSHIPS, EMOTION, MIND (2010).52 The evolution of traditional gender roles did deprive the elderly of some of child-rearing

responsibilities. When nomadic communities settled down, more women remained in the homewith their children. At first, however, since the rate of childbirth and infant survival increased,women still turned to the elderly for assistance. The elderly, in turn, benefited from improvedhealthcare and lifestyles, and were able to remain in the workforce as able-bodied individuals forlonger periods of time. They became a generation that had lived longer and seen more, offeringnew insights. Hannah Devlin, Early men and women were equal, say scientists, GUARDIAN (May

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childbirth rates decreased. While the elderly still offered support toworking parents, reliance on their logistical contributions dimin-ished.53 The elderly shifted their attention to cultural pursuits,spending their time volunteering in museums or cultural centerssince they were no longer needed by their families.54 Even in soci-eties ranging from the Mediterranean to China, Japan, and India,where filial piety, obedience, and respect are the highest culturalvalues, modernization continues to undermine a culture of in-tergenerational collaboration.55

The loss of elder input and guidance has harmed society.Many studies now urge a revitalization of elder involvement inchildcare and multigenerational household decision-making.56 Theabsence of elder involvement has been detrimental to families.

The value of elder involvement extends well beyond childcareand the nuclear family. Contemporary societies worldwide wouldinvariably profit from the involvement of a generation of modernelder individuals, many of whom have the benefit of education,

14, 2015), http://www.theguardian.com/science/2015/may/14/early-men-women-equal-scientists;See David Y. Ho & T. K. Kang, Intergenerational Comparisons of child-rearing attitudes andpractices in Hong Kong, 20 DEVELOPMENTAL PSYCHOL. 1004 (1984), http://psycnet.apa.org/psycinfo/1987-34203-001; Feinian Chen et al., Intergenerational Ties in Context: GrandparentsCaring for Grandchildren in China, 90 SOC. FORCES: A SCIENTIFIC MEDIUM SOC. STUDY & IN-

TERPRETATION 571 (2011); see generally E. Lamb & Lieselotte Ahnert, Nonparental Child Care:Context, Concepts, Correlates and Consequences, 4 HANDBOOK CHILD PYSCHOL. 23 (2007).

53 See generally SUSAN HILLIER & GEORGIA M. BARROW, AGING, THE INDIVIDUAL AND

SOCIETY (2014); Judy Lin, Honor or abandon: Societies’ treatment of elderly intrigues scholar,UCLA NEWSROOM (Jan. 7, 2010), http://newsroom.ucla.edu/stories/jared-diamond-on-aging-150571.

54 HILLIER & BARROW, supra note 53.55 See Lin, supra note 53; David W. Schwalb et al., Japanese Non-maternal Child Care: Past,

Present and Future, in CHILD CARE IN CONTEXT: CROSS-CULTURAL PERSPECTIVES (2014).56 A study conducted in Italy in 2002 shows that the availability of child-care increases the

probability of women choosing to both work and have a child. Furthermore, in families wheregrandparents offer free, willing, and trusted childcare, women are able to pursue professionalequality without feeling that they have to make a choice between having a job and having afamily. In response to countries that express concern regarding their dwindling populations,sociologists suggest that turning to the nation’s elderly population for childcare support will en-courage working women to reconsider their decisions not to have children. A contemporarystudy of urban British life concludes that free, complementary childcare offered by grandparentsis the primary solution to the issue of childcare deficit. See Daniela Del Boca, The effect of childcare and part time opportunities on participation and fertility decisions in Italy, 15 J. POPULATION

ECON. 549 (2002); Grandparents Raising Grandchildren: Study Finds Child Care AssistanceGrowing, HUFF. POST (Sept. 9, 2012), http://www.huffingtonpost.com/2012/09/09/grandparents-raising-gran_n_1866777.html; Jane Wheelock & Katharine Jones, ‘Grandparents Are the NextBest Thing’: Informal Childcare for Working Parents in Urban Britain, 31 J. SOC. POL’Y 441(2002), http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=114499&fileId=S0047279402006657.

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work experience, and rising longevity. Not unlike the elders of theInuit community, elders around the world can offer multifacetedand interdisciplinary assistance to the community at large.57

2. A Forgotten Generation: The Status of America’sElderly Population Today

The United States, a nation that prioritizes individualism andyouthful vitality, continues to overlook the importance of engagingits elderly population. In doing so, the United States has becomean outlier in the otherwise unified global approach to intergenera-tional community building, widening the gap in US-global rela-tions. Even in the United States, however, this markedindifference is under a century old.58 American family culture didonce reflect the global, multigenerational family experience.

Until the early 1900s, most American households containedmultigenerational families.59 However, in the early Twentieth Cen-tury, the tides of social and economic change disrupted the mul-tigenerational family dynamic.60 Now, while aging individuals live

57 Gilian Kruse, 10 Things Grandchildren Can Learn From Their Grandparents, CARE.COM

https://www.care.com/a/10-things-grandchildren-can-learn-from-their-grandparents-1210110247(last visited Jan. 10, 2016).

58 During the Great Depression, elderly individuals remained in their multigenerationalhomes due to poverty and infirmity. In 1937, however, when healthcare improved and socialsecurity and pension safety nets were established, the elderly became able to pursue indepen-dent lives. Younger generations lost their sense of responsibility, seeking employment and op-portunity far from home. During WWII, birthrates declined, as did the need for elderlyassistance at home. By 1950, the federal government opened nursing homes across the nation,and in the 1970s, social security regulations spurred the advent of assisted living facilities. In1900, 57% of the elderly had cohabited with their children and grandchildren. By 1980, thatnumber decreased to 12%. See Richard Fry & Jeffrey S. Passel, The Growth in Multi-genera-tional Family Households, PEW RES. CTR. (Jul. 17, 2014), http://www.pewsocialtrends.org/2014/07/17/the-growth-in-multi-generational-family-households; Suzanna Smith, Family Relationshipsin Later Life, STRONGERMARRIAGE.ORG (1999), http://strongermarriage.org/married/family-re-lationships-in-later-life (noting that “about three-fourths of older persons in the U.S. aregrandparents”).

59 See William Little, Aging and the Elderly, in INTRODUCTION TO SOCIOLOGY - 1ST CANA-

DIAN EDITION (2013), http://opentextbc.ca/introductiontosociology/chapter/chapter13-aging-and-the-elderly/.

60 In the idyllic depiction of a 20th century American family, grandparents are rarely fea-tured. Norman Rockwell’s iconic paintings show grandparents at Thanksgiving tables once ayear, not highlighted as members of daily life. The 1950s featured stay-at-home mothers andhard-working fathers. While wealthier iterations of this image included nannies and au pairs,grandparents were no longer factored into the equation. See Bob Duggan, What is NormanRockwell’s Thanksgiving Picture Really About?, BIG THINK (2013), http://bigthink.com/Picture-This/what-norman-rockwells-thanksgiving-pictures-really-about.

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longer and have more places to reside, their vitality and communalinterests remain ignored.61

Relegating today’s capable elders to lives in senior centerswith little opportunity to actively partake in society underutilizestheir unique experiential and professional qualifications. Havingbeen integral members of society for many decades, many elderlyindividuals want to continue to engage with their communities.Their varied interests extend beyond assisting their immediate fam-ilies. Involving seniors in re-envisioning the family court experi-ence is a perfect opportunity for elderly engagement andcommunal service expansion.62

D. Creating an Elder Volunteers Corps Benefits Families,Divorcing Pro-Se Litigants, and Society at Large

An Elder Volunteers Corps for Divorcing Families, as pro-posed by this Article, is a trained collective of elderly individualswho can actively envision, create, and improve programs and com-munity services for underserved divorcing families. An Elder Vol-unteer Corps would serve as a resource for understaffedcourthouses and community centers. In addition to providing di-rect assistance to young parents and children facing family con-

61 After the Great Recession of 2007-2009, multigenerational cohabitation did increase.However, the elderly were excluded. Young adults, ages twenty-five through thirty-four,boosted the multigenerational cohabitation rate from 12% to 18.1%. Cohabitation involving theelderly, however, continued to decrease as elder housing options increased. But housing optionsalone do not address the realities of increased longevity and elder competence. Once theseelders are conveniently situated in safe facilities, they are often otherwise forgotten. Only fourin ten adults in the US consider the growing number of elderly people to be good for society.However, today’s elderly, raised in the 1950s and 1960s, are the product of a generation withmore education and work experience than that of prior decades. The presence of a growingpopulation of vital, experienced, educated, and talented elders should be viewed as an asset, notan inconvenience. See Views About Aging, in THE PEW FORUM: LIVING TO 120 AND BEYOND:AMERICAN’S VIEWS ON AGING, MEDICAL ADVANCES AND RADICAL LIFE EXTENSION, THE PEW

RESEARCH CENTER (Aug. 6, 2013), http://www.pewforum.org/2013/08/06/chapter-3-views-about-aging; David J. Eggebeen, Family Structure and Intergenerational Exchanges, 14 RES. ON AGING

427 (1992), http://roa.sagepub.com/content/14/4/427.short; See generally JIT BISWAS & HISATO

KOBAYASHI, INCLUSIVE SOCIETY: HEALTH AND WELLBEING IN THE COMMUNITY, AND CARE AT

HOME (2013) (noting that “elderly people want to keep their independence, remain active andmaintain social relations”); Katherine Hobson, A Long Life: 7 People, Sailing Past 90 with LotsLeft to Do, U.S. NEWS (Jan. 25, 2010), http://health.usnews.com/health-news/family-health/slideshows/a-long-life-7-people-sailing-past-90-with-lots-left-to-do.

62 Elder support increases when family members experience periods of strife, such as divorceor widowhood. People experiencing family conflict tend to be open to elder intervention. SeeEggebeen, supra note 61.

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flict,63 Elder Corp Volunteers can give support and bonding tograndparents and other extended family members who are part ofthe family reorganization. Furthermore, an Elder Volunteer Corpswould offer an outlet for elderly individuals who seek to engagewith their communities. In serving as a source of expert manpowerfor the community, as well as an avenue for meaningful engage-ment for families and the elderly alike, the creation of an ElderVolunteer Corps would advance the well being of all.64

1. Helping Families is a Communal Responsibility

The oft-mentioned African proverb “it takes a village to raisea child” is a profound reminder of how difficult it is to raise a child,to sustain a community, and to preserve morality and virtue. Evenin the most traditional settings, multigenerational family members,teachers, doctors, nutritionists, and many more members of societygathered together in order to raise the next generation.65 Eventhough these traditional families featured married mothers and fa-thers, raising children in accordance with conventional genderroles, communal involvement was still expected.

Today, the need for communal collaboration extends even fur-ther. Traditional, intact families are now a minority model in theUnited States.66 Most family trees feature unwed couples, step-parents, divorce, and community parenting. The community is justas responsible for helping the parents and children of divorce asthey were for helping members of intact traditional families. Ar-guably, they are even more needed.

The need for community involvement is not news to the familycourt system. Many family courts, as community institutions, are

63 See Forrest S. Mosten, Unbundled Services to Enhance Peacemaking for Divorcing Fami-lies, 53 FAM. CT. REV. 439 (2015).

64 Elderly individuals have used their vast life experience to become calming, and reliablecaretakers for members of their families, workplaces, and communities. In turn, individuals inneed have developed trust for elderly input. When individuals enter a period of conflict, theyyearn for the security that the elderly can offer. In turn, the elderly find continued purpose inremaining useful members of society. There is great value to feeling needed, and studies showthat the elder health improves when the elderly feel engaged with their surroundings.

65 Lydia O’Donnel & Ann Stueve, Community Demands and Supports for Childrearing Re-lated Volunteer Work, 18 STRUCTURED ENVIRONMENTS & WOMEN’S CHANGING ROLES 127(1985), http://www.jstor.org/stable/20831356.

66 “Only 45 percent of American children have spent their childhood in an intact family,according to a survey produced by a conservative advocacy group.” Susan Jones, Fewer ThanHalf of American Children Grow Up In Intact Families, Survey Finds, CNSNEWS (Dec. 15, 2010),http://www.cnsnews.com/news/article/fewer-half-american-children-growing-intact-families-survey-finds.

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already connected to social service agencies, non-profits and gov-ernment agencies.67 Unfortunately, due to the growing needs ofthe pro se litigant community, these relationships remain insuffi-cient. Courts, as well as other community institutions and organi-zations now assisting divorcing parents, should strongly consideraligning themselves with an Elder corps of volunteers that can jointhem in a communal effort to guide families through some of themost tenuous stages of emotional and familial discord. The elderpopulation wants to continue to be part of the village, raising thechildren who need elder help during periods of family reorganiza-tion. The court system should foster the elderly populations’ senseof communal responsibility and acknowledge the incredible bene-fits that everyone could reap from elder involvement.

2. Elder Involvement with Child CareOffers Reciprocal Benefits

Children are the collateral damage of family conflict.68 Somefind themselves the object of disputes, with no opportunity to ex-press themselves and few ways to process their feelings. Othersfind themselves called as witnesses, or as actual parties to a case infamily court. As intact families become a thing of the past, moreand more children find themselves struggling to understand theirtense surroundings and complex family dynamics. In the pro selitigant and indigent communities, children often navigate thisemotional journey alone, unable to seek the counsel of overex-tended and distracted parents or expensive, inaccessible therapists.Elderly individuals can help.69

67 Barbara A. Babb, Family Courts Are Here To Stay, So Let’s Improve Them, 52 FAM. CT.REV. 642 (2014), http://onlinelibrary.wiley.com/doi/10.1111/fcre.12115/abstract (referencing fam-ily court/community collaborations).

68 See generally MARK E. CUMMINGS & PATRICK DAVIES, CHILDREN AND MARITAL CON-

FLICT: THE IMPACT OF FAMILY DISPUTE AND RESOLUTION (1994); JANET JOHNSTON &VIVIENNE ROSEBY, IN THE NAME OF THE CHILD: A DEVELOPMENTAL APPROACH TO UNDER-

STANDING AND HELPING CHILDREN OF CONFLICTED AND VIOLENT DIVORCE (1997); GregoryFirestone & Janet Weinstein, In The Best Interests of the Children: A Proposal to Transform theAdversarial System, 42 FAM. CT. REV. 203 (2004).

69 Studies show that the presence of elderly individuals has a therapeutic effect on children.Children feel safe and learn about altruism, empathy, and compassion. When they see an elderlyindividual walk more slowly, they slow down and develop thoughtfulness. When they are en-gaged by the stories of elderly individuals, they sit still and absorb the values of yore. When theyrealize that their own parents were also once children, they begin to appreciate their roles in thecircle of life. Parental fallibility becomes easier to process, and children develop the maturitynecessary to engage with their unconventional family dynamics. See Thomas E. Denham &Craig W. Smith, The Influence of Grandparents on Grandchildren: A Review of the Literatureand Resources, 38 NAT’L COUNCIL ON FAM. RELATIONS 345 (1989), http://www.jstor.org/stable/

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Caring for children has had significant, positive impact on theelderly as well.70 A 1992 sociological survey showed that elder par-ticipation in intergenerational child-care programs increased elderfeelings of self-worth and social contact.71 In feeling that their ef-forts directly benefited the children that they were caring for, thesenior childcare workers felt that they were useful members of so-ciety. As such, they found themselves capable of continued per-sonal growth as well, obviating a common fear of elderdevelopmental stagnation.

Encouraging members of an Elder Volunteer Corps to assistchildren and their parents benefits the children and elder individu-als alike. Children experience nurture, develop a sense of calm,and gain important perspectives about their role in tenuous familydynamics. Elderly individuals find comfort in the companionshipof children, develop feelings of self-worth as a result of their contri-butions, and continue to grow themselves. Mutual benefits ensue.

3. Seniors Have Experience in Issues Surrounding Diversity,Cross-Cultural Tension, and Same-Sex Relationships

Involved in Separating Families

Cultural challenges often impede access to justice in familycourts.72 Countless immigrants, of varying generations, experiencelanguage barriers and value differences when trying to navigate the

585064; Harriet A. Bachner, Grandparents Raising Grandchildren: The Effects, Counseling Chal-lenges, and Strategies, 18 LA. J. COUNSELING 26 (2011), http://www.lacounseling.org/images/lca/Documents/Complete%20Journal%20(2011.pdf#page=28. See also Rosanne A. Kocarnik &James J. Ponzetti, Jr., The influences of intergenerational contact on child care participants’ atti-tudes towards the elderly, 15 CHILD CARE Q. 244 (1986), http://link.springer.com/article/10.1007/BF01120216; Sally Newman & Julie Riess, Older Workers in Intergenerational Child Care, 19 J.GERONTOLOGICAL SOC. WORK 45 (1992), http://www.tandfonline.com/doi/abs/10.1300/J083v19n02_04 (noting that, “intergenerational contact and familiarity with the elderly in a childcare setting influences children’s attitudes.” Furthermore, teachers report that contact with elderworkers dramatically improved the classroom environment, where children seemed more calmand focused).

70 Barbara A. Butrica et. al., Volunteer Transitions among Older Americans, URBAN INST.(Dec. 13, 2007), http://www.urban.org/url.cfm?ID=411582; Nicole Anderson, The Health Benefitsof Volunteering Among Older Adults: Implications for Volunteer Management, 15 E-VOLUNTEERISM: THE ELECTRONIC J. VOLUNTEER COMMUNITY (2014).

71 Id.72 The United States is a nation of diverse linguistic, cultural, and social experience. Cross-

cultural misunderstanding disadvantages many immigrants and multi-generation Americansalike. Cultural sensitivity is key, and studies show that when community members conduct com-munity outreach, outcomes improve exponentially. Since Elder Volunteer Corps members in-clude representatives of every community, their efforts can similarly offer improved outcomes.See Nina Wallerstein & Edward Bernstein, Introduction to Community Empowerment, Par-ticipatory Education, and Health, 21 HEALTH EDUC. Q. 141 (1994).

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family law process.73 While courts strive to provide immigrant liti-gants with court interpreters and targeted assistance, the courts’resources cannot always meet the needs of a growing immigrantpopulation.74

Many members of the growing elderly population are immi-grants themselves.75 They too speak a variety of languages and en-gage in a myriad of traditions.76 The diversity of the ElderVolunteer Corps’ membership can serve as a culturally sensitiveresource for the family court system. Elders from the Spanish-speaking community could assist new immigrants who speak Span-ish. Elder members of religious communities can help observantfamilies navigate a system that seems, at times, sacrilegious. Eldermembers of Chinese or Indian communities can show sensitivity tothe differences between US courtroom norms and cultural familydynamics that inform child custody or financial expectations.Elder members of Jewish and Muslim communities can help fami-lies understand how US laws differ from halakhic or shariah legalschemes. Since the elderly population is nearly as diverse as thepro se litigant community, every elder volunteer could serve notonly as a general resource, but also as a specific beacon of culturalunderstanding for litigants. Furthermore, mutual respect for theinvolvement of elderly guides can serve as a bridge between theselitigants’ culture of origin and the courts.

Same-sex couples also often find themselves at a loss for howto navigate the family court system, especially in a time when rele-vant laws continue to change. Elderly individuals from the same-sex community are experienced navigators of unaccommodatingsocial and legal regimes.77 As such, they may often be the best, if

73 See California Commission on Access to Justice, Language Barriers to Justice in Califor-nia, SVCLS (Sept. 2005), http://www.svcls.org/media/1880/language%20barriers%20to%20justice%20in%20california.pdf; Sam Roberts, Listening to (and Saving) The World’s Languages,N.Y. TIMES (Apr. 29, 2010), http://www.nytimes.com/2010/04/29/nyregion/29lost.html?_r=0 (not-ing that there are 800 different languages spoken in New York City alone).

74 See, e.g., Fernanda Santos, As the Demand for Court Interpreters Climbs, State BudgetConflicts Grow as Well, N.Y. TIMES (Jun. 4, 2014), http://www.nytimes.com/2014/06/15/us/as-the-demand-for-court-interpreters-climbs-state-budget-conflicts-grow-as-well.html?_r=0; LaraTraum, Note, Involved, Empowered and Inspired: How Mediating Halakhic Prenuptial Agree-ments Honors Jewish and American Law and Builds Families, 17 CARDOZO J. CONFLICT RESOL.179 (2015).

75 Passel & D’Vera Cohn, supra note 1.76 For example, the number of Hispanic individuals in the elderly population is slated to

triple by 2050, significantly increasing the Spanish-speaking elderly population. Id.77 Pamela K. Lannutti, Security, recognition, and misgivings: Exploring older same-sex

couples’ experiences of legally recognized same-sex marriage, 28 J. SOC. & PERSONAL RELATION-

SHIPS 64 (2011), http://spr.sagepub.com/content/28/1/64.abstract.

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not only, guides for same-sex families. Moreover, the growing eld-erly population of today features one of the first waves of openlyhomosexual individuals. From Windsor78 to Obergefell,79 agingmembers of the modern day LGBTQ community have been inte-gral to advocating for the rights of same-sex couples over the pastfew decades. As people who have experienced the challenges ofbuilding relationships during a period of social instability, these el-ders are uniquely able to guide and advise same-sex couples with alevel of insight that is unlike that of prior generations of elders.

Members of an Elder Volunteer Corps represent the trailblaz-ers of society. Diverse members of the Elder Volunteer Corps re-member their own trials as they came to the United States inpursuit of an American Dream while hoping to retain and honortheir individual cultural histories. These elders’ personal exper-iences could offer invaluable insight and sensitivity to familiescaught in a system that cannot holistically serve them.

III. STARTING AN ELDER VOLUNTEER CORPS

In order to form a successful Elder Volunteer Corps, athoughtful approach to training and engagement is vital. Fortu-nately, the needs of pro se litigants and the court system are sovast, that there are relevant roles for most elderly individuals.80

In order to meet a variety of challenges, a successful ElderVolunteer Corps would be comprised of seniors from a variety ofprofessional and demographic backgrounds, forming an interdisci-plinary cohort that has a broad array of experiences. The ElderVolunteer Corps would be comprised of retired teachers and li-brarians, lawyers, retired sales clerks, retired homemakers, enter-tainers and members of the food industry, retired architects anddesigners, retired legal81 and mental health professionals, andmany more.

78 U.S. v. Windsor, 133 S.Ct. 2675 (2013).79 Obergefell v. Hodges, 135 S.Ct. 2584 (2015).80 As long as intellectual capacities are routinely monitored, the screening for qualified vol-

unteers need not be particularly restrictive or competitive.81 Because retired attorneys and judges may be even more susceptible to the unauthorized

practice of law, directed trainings would need to approach such volunteers with nuanced atten-tion. Retired mediators, however, could continue to be mediators in and outside the courthouse,or serve as mediation coaches that help parties prepare for their mediation processes.

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Just as community justice centers were the origin of modernmediation,82 Senior Citizen Centers and Senior Volunteer Organi-zations can be the nucleus of the Elder Volunteers Corps initiative,hosting trainings, offering recruitment opportunities, and support-ing elder volunteers. With proper training, a myriad of talentedelderly individuals can be taught to provide their unique skills andapproaches to families as they journey through the complex terrainof the family court system.

A. The Family Court Docent: Bringing Elder VolunteersInto Family Courts

The Elder Volunteer Corps’ key utility hinges on the develop-ment of Elder Family Court Docents—trained retirees devoted toguiding pro se litigants through their family court cases. ElderFamily Court Docents would be new to the family court arena, butthe concept is not entirely novel. Elderly individuals have alreadyserved as successful docents in a variety of other disciplines. Thecreation of this specific role merely requires slightly re-envisionedapplication of an existing elder volunteer role.

Docents have been utilizing cultural outlets to reintegratethemselves into their communities in an accessible and active man-ner. Museums, historical sites, and community activities have blos-somed with the advent of elder involvement. At museums, artgalleries, and zoos specifically, elder volunteers have become theprimary demographic undertaking roles as docents.83

As docents, seniors train, study, and lead tours of children andadults through various cultural venues.84 Many elderly docents

82 See generally JEROME BARRETT & JOSEPH BARRETT, A HISTORY OF ALTERNATIVE DIS-

PUTE RESOLUTION: THE STORY OF A POLITICAL, CULTURAL AND SOCIAL MOVEMENT (2004).83 Jarene Frances Lee & Julia M. Catagnus, Older Volunteers Aging in Place, in WHAT WE

LEARNED (THE HARD WAY) ABOUT SUPERVISING VOLUNTEERS 108 (1999); Senior VolunteersGive Back Throughout San Diego County, LIVE WELL SAN DIEGO (Dec. 4, 2014), http://www.livewellsd.org/content/livewell/home/all-articles/news/December2014/senior-volunteers-give-back-throughout-san-diego-county.html; Rick Cohen, Boomers “Gone Wild” as Museum Do-cents: Nightmare or Real Life?, NONPROFIT Q. (July 21, 2015), https://nonprofitquarterly.org/2015/07/21/boomers-gone-wild-as-museum-docents-nightmare-or-real-life; Ellen Gamerman,Docents Gone Wild, WALL ST. J. (Jun. 24, 2015), http://www.wsj.com/articles/museums-seek-greater-control-of-docents-1435166404.

84 See, e.g., STEFFEN THOMAS ART MUSEUM, Docent Program, STMA (2015), http://stef-fenthomas.org/docent-program; David Masello, How Many Dots on a Seurat? Just Ask the Mu-seum Docents, N.Y. TIMES (Apr. 19, 2000), http://www.nytimes.com/2000/04/19/arts/how-many-dots-on-a-seurat-just-ask-the-museum-docents.html?pagewanted=all; Volunteer Docent Pro-

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find themselves invigorated by the enterprise, enjoying an opportu-nity to engage with inter-generational members of their communityand share some of their wisdom and knowledge in a way that isuseful.85 Docent work is empowering for the elderly.

In turn, museum attendees have expressed increased enjoy-ment when guided by elderly docents. They claim to prefer themanner in which such docents explain exhibits and lead themthrough historical information, commenting on their soothingvoices, their ability to convey information with a variety of accessi-ble analogies, and the comfort that they feel in the presence ofsomeone resembling their own grandparents or elderly relatives.

The voluntary guidance and comfort that Elder Docents canoffer need not be limited to the cultural sector. Elder Docents canserve as an invaluable asset to the family court system.

Elder Family Court Docents would also serve as guides. Inthis new setting, however, the constituents and content would dif-fer from that of cultural institutions. In their capacity as guides,Elder Family Court Docents could offer orientations about the liti-gation process, help pro se litigants fill out forms, show films aboutthe court process, share anecdotal experiences, support those whowish to participate in mediation, therapeutically comfort victims ofdomestic violence, and offer courses in negotiation, parenting, fi-nancial planning, and vocational transitioning. Elder Family CourtDocents would lend their worldly knowledge, professional exper-tise, and comforting familial energy to a process that truly needstheir special touch.

1. Training Elder Family Court Docents

Training Elder Family Court Docents requires some time andmonetary investment. In order to teach docents how to guide pro-se litigants through a myriad of questions and challenges, a propertraining program would need to explore common questions andoverlooked needs, and teach docents how to field a variety ofconcerns.

An Elder Family Court Docent Training Program could con-sist of a series of experiential workshops. These workshops couldbe led by a single, experienced trainer, or approached in a more

gram, OJAI FOUND. (2015), http://www.ojaifoundation.org/volunteer-docent-program; DaveMoran et al., The Golden Docent: Perspectives on an Elder Population Remotely Facilitating aMulti-Sensory, Augmented Reality Museum Exhibit, CS.UCF (2009), www.cs.ucf.edu/~jm-moshell/DIG6551.fall09/paperMoran.doc.

85 Id.

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interdisciplinary manner that involves various professionals in thetraining process. While potentially more expensive, the lattermodel could offer important employment opportunities to mem-bers of the court system that have lost their positions due to budgetcuts and systemic changes.

Current and former court personnel could teach future do-cents about the court process, explaining various filing proceduresand showing them how to guide pro se litigants through the manycomplicated forms and procedural steps that the system requires.Professional mediators could teach the elder corps members aboutthe mediation process and even train some future docents how tomediate disputes themselves. Mental health professionals could of-fer helpful tips regarding the emotional challenges faced by partiesduring periods of family conflict. Judges and lawyers can offer “le-gal updates” for current and future docents so that they are in-formed of changes to the law. Each of these professionals wouldoffer future docents a holistic understanding of the family courtexperience, while teaching them how to flag issues, offer relevantinformation, and refer those seeking legal advice or therapeutic in-tervention to appropriate service professionals.86

The recruitment and training of elder volunteers can takeplace virtually anywhere. Freelance trainers can conduct work-shops in Senior Citizen Centers, Independent Living Facilities, andReligious Centers. Seniors can also develop relationships with lo-cal clinics and agencies, where professionals can conduct trainingson location. Seniors can shadow practicing attorneys or judges inactive courtrooms. Once the program evolves, trainings can evenbe conducted in courthouses themselves. Many models for how totrain community volunteers already exist, and these models can beeasily applied to training members of the elderly community.

2. Matching and Supervising Elder Family Court Docents

After Elder Family Court Docents complete their training andreceive certification, the community needs to integrate them intocourthouses and legal help centers. Easy access to assistance is im-

86 After a series of workshops, the training program would conclude in a comprehensivefinal review. At this review, docents-in-training could be matched with actors from the commu-nity, who would impersonate pro se litigants seeking assistance. In this setting, docents-in-train-ing would utilize the skills they have acquired to resolve the scripted scenarios. Trainers wouldclosely monitor this “test” and offer feedback during a comprehensive evaluation. At the con-clusion, individuals who have demonstrated successful application of docent skills can receive anElder Family Court Docent certificate and proceed to be matched with a local court or commu-nity center.

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portant for pro se litigants with limited time or knowledge aboutfree resources. Thus, Elder Family Court Docents should be situ-ated within, or directly adjacent to, the courthouse.87

Since the court system is currently struggling with budget cutsand courtroom consolidation, a program for Volunteer Elder Fam-ily Court Docents must demonstrate that it can offer services atlittle to no additional cost to the court system. Because trainingswould take place before docents are matched with local court-houses, the courts need not concern themselves with many of theupfront expenses associated with engaging new personnel.

Within an operating courthouse, volunteers can be integratedinto existing facilitator offices and self-help centers.88 Their pres-ence would resolve the issue of understaffing without requiring ex-tra compensation. Furthermore, in a system where manycourtrooms and municipal offices remain empty due to budgetcuts, Elder Family Court Docents can use darkened rooms and setup offices in spaces that already exist. These spaces can be re-opened, redesigned, and staffed with elderly volunteers. Evenwhere spare rooms do not exist, docents can be positionedthroughout the courthouse, offering comfort and guidance to thosewho are waiting in the hallways or seeking direction.

At the outset, docents can be supervised by volunteer coor-dinators, current self-help facilitators, court personnel, and otherinterested community members. However, this labor need not fallon salaried individuals alone. Docents’ actions, negligence, malfea-sance, and good work need not be the administrative or financialresponsibility of the court system. Retired business persons andmiddle management individuals can join the Elder VolunteerCorps as middle management, utilizing their unique expertise tocreate systems to manage volunteer docents, assess the viability ofcertain plans to revolutionize the court system, and write grantsand budget requests to fund any necessary add-on features so thatthe docent program can eventually become financially self-sufficient.

Feedback by pro se litigants could offer another invaluabletool for ensuring that all docents are contributing services consist-

87 For a myriad of working replicable models to increase legal access, see ABA Louis M.Brown Legal Access Programs, ABA, http://www.americanbar.org/groups/delivery_legal_services/initiatives_awards/louis_m_brown_award_for_legal_access.html (last visited Jan. 10, 2016).

88 California has an existing network of self-help centers that is replicated throughout theUS. See The California Courts Self Help Center, COURTS.CA.GOV, http://www.courts.ca.gov/self-help.htm (last visited Jan. 10, 2016).

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ently and effectively. And while periodic health assessments mightbe needed to ensure that volunteers maintain the capability to ful-fill their roles, these assessments need not take place within thecourthouses themselves. They can be conducted by volunteer doc-tors and free clinics, at no cost to the court system.

Of course, the creation of an Elder Volunteer Corps and ElderFamily Court Docent program does not come without cost. How-ever, the initial investment in training an Elder Volunteer Corpscould prove incredibly cost effective in the long run. Despite ongo-ing budget cuts to trim court staff, retaining a small staff of salariedcourt personnel to oversee unpaid, elder volunteers could continuenecessary services and still save public dollars.

As the Elder Volunteer Corps program evolves and expands,private grants to set up assistive clinics near courthouses could beexplored. These clinics can serve as legal resource centers, daycare centers, safe havens for respite, and provide other communityneeds. While the creation of such clinics would require outsidefunding, state governments and private philanthropists alike mightbe interested in supporting such a worthwhile venture in the future.

B. Elder Volunteer Corps Members: Beyond Docents

While Elder Family Court Docents might anchor the ElderVolunteer Corps as an entity, other opportunities for the elderlyremain. Diverse members of an Elder Volunteer Corps can usetheir interdisciplinary skills to offer wearied litigants a slice ofpeace, comfort, and family in a variety of ways.

Most courthouses do not have free meal options for indigentlitigants. In an effort to improve the experience of those who findthemselves stranded during the courthouse lunch hour, retiredhomemakers, food industry professionals and entertainers can con-tribute their host and hostess skills to upgrade the courthouse ex-perience. The limited food options that tend to be available nearcourthouses are often too expensive for indigent litigants, andcourthouse personnel often spend their lunch hour catching up onpaperwork and eating at their desks. Elder volunteer hosts canbake cookies, stock donated fruit, and prepare and serve hot drinksto court users and court personnel alike. While a seemingly smalldetail, offering food in a warm and compassionate fashion can helplitigants and employees survive their arduous days in court.

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The ancillary needs of litigants do not end there. Elder volun-teers can continue to meet a myriad of challenges. For example, asmentioned earlier, arranging for transportation is often an ordealfor litigants. Parking costs are high, and many live in locations thatare hard to reach via public transportation. Retired drivers canprovide litigants with free transportation to appointments andcourt dates.89 This free assistance can undercut the cost of frequentcourt attendance and minimize the stress and lateness caused bylong commutes.

While budget cuts may not allow for many aesthetic altera-tions, talented retirees such as architects, landscape artists, and in-terior designers can help re-design and beautify courthouses atreduced cost to the court system. Unused courtrooms can be con-verted into settlement rooms with round tables and comfortablefurniture, hallways can be beautified with rugs and warm lighting,and the tense atmosphere can be softened into one that is moretherapeutic. When pro se litigants find themselves unable to locatecomprehensive resources about the court process, retired teachersand librarians can design and service peacemaking libraries ofbooks, brochures, and online materials that target various readinglevels and minimize adversarial messaging. Where parents withoutchildcare are forced to bring their children to court, retired child-care workers can collaborate with interior designers to create andstaff tastefully designed learning centers that keep children fromroaming the halls, avert some of the inevitable loyalty conflicts thatarise when children find themselves physically caught between twoparents, and offer children a neutral space where grandparentalfigures can distract, teach, and nurture them.90 Retired counselors,parents, and teachers can provide emotional support services forparents and children. Retired lawyers, judges, and mediators notalready serving as docents can help draft legal information booksand materials and show divorcing parents how to utilize them.Since the expert qualifications of elder corps members are endless,the potential benefits to the courthouse experience are endless aswell.

89 Retired drivers would be required to complete regular physical examinations to ensurethat it is safe for them to continue to drive.

90 See, e.g., Denver Warm Welcome Court Childcare, COVA, https://secure.civicore.com/newcova/index.cfm?section=resourceDirectory&action=viewDetail&organizations_id=2275 (lastvisited Jan. 10, 2016).

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IV. CONCLUSION

Throughout history and across the globe, elderly members ofsociety have been the beacons of historical, practical and spiritualwisdom for the next generation. The increased longevity, highereducation, and diverse work experiences of America’s growing eld-erly population position today’s elderly as even more equipped toserve varying communal needs. As family court resources continueto deteriorate and the needs of a growing pro se litigant communityexpand, the creation of an Elder Volunteer Corps to address thoseneeds is a natural and necessary next step. With proper training,thoughtful structuring, and minimal investment, society can createa community program that engages the elderly, services unrepre-sented litigants, and betters society as a whole. The creation of anElder Volunteer Corps could help revolutionize American culture,benefit multigenerational constituents on a national scale, and re-vive the United States’ relationship with important social and com-munal values that transcend time, culture, and continent.