Suchergebnisse

This article discusses the roles and levels of participation of the various participants in juvenile and dependency court mediation, and also examines potential gains and losses associated with participation for family members and the social worker.

Sustained judicial support and oversight are critical to the success of any mediation program within the juvenile court.

This article explores the meaning of agreement, or settlement, in family court mediation
through a review of pertinent literature illuminated by findings from a recent UK-based survey of users of child-centred mediation services. Particular attention is paid to issues of legal representation, the voluntariness of mediation, the persistence of agreements and the reasons why they do not last, representing the child's perspective, user expectations of mediation, and the impact of intimate partner violence in this context. It is argued that mediated agreements do carry considerable significance for parents who are seeking to manage contact and residence arrangements for their children.

AbstractMediation was brought into family court cases as a divorce litigation alternative. Today, parents are not only encouraged but mandated across most U.S. states to consider mediation before further court action can be taken. Research has not kept up with understanding how publicly mandated and subsidized mediation services become part of court cases and possible case resolution. This article reviews how mediation has evolved from outside alternative to family court "workhorse" within a family dispute resolution paradigm centered on shared parenting as in the best interest of children. Research results from a family court mediation program are presented to highlight how parents encountered and responded to mediation as an embedded part of today's family dispute resolution paradigm/court system. Especially in cases that keep coming back to court, family dispute resolution has become a means of "making family" as much as supporting family separation. Implications for practice include limitations of a mediation service as provided in an under‐resourced court and ultimate reliance upon parents to uphold the best interest standard through ongoing co‐parenting interactions.