Children’s Voices, Family Disputes and Child-Inclusive Mediation

Children’s Voices, Family Disputes and Child-Inclusive Mediation
Author: Anne Barlow
Publisher: Policy Press
Total Pages: 198
Release: 2024-05-28
Genre: Law
ISBN: 1529228921

ePDF and ePUB available open access under CC-BY-NC-ND licence. Recent legislative changes in England and Wales have eroded children’s ability to exercise their article 12 UNCRC rights to information, consultation and representation when parents separate. However, children’s voices may be heard through child-inclusive mediation (CIM). Considered from a children’s rights perspective, this book provides a critical socio-legal account of CIM practice. It draws on in-depth interviews with relationship professionals, mediators, parents and children, to consider the experiences, risks and benefits of CIM. It investigates obstacles to greater uptake of CIM and its role in improving children’s wellbeing and agency. Exploring the culture and practice changes necessary for a more routine application of CIM, the book demonstrates how reconceptualising CIM through a children’s rights framework could help to address barriers and improve outcomes for children.

Children’s Voices, Family Disputes and Child-Inclusive Mediation

Children’s Voices, Family Disputes and Child-Inclusive Mediation
Author: Anne Barlow
Publisher: Policy Press
Total Pages: 198
Release: 2024-05-28
Genre: Law
ISBN: 1529228913

ePDF and ePUB available Open Access under CC-BY-NC-ND licence. Considered from a children’s rights perspective, this book provides a critical socio-legal account of child-inclusive mediation (CIM) practice. It draws on interviews with relationship professionals, mediators, parents and children to consider the risks and benefits of CIM.

The Voice of a Child in Family Law Disputes

The Voice of a Child in Family Law Disputes
Author: Patrick Parkinson
Publisher: OUP Oxford
Total Pages: 256
Release: 2008-12-18
Genre: Law
ISBN: 0191553409

When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard. There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However, there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say, so that the arrangements are as workable for them as possible? This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways in which children can better be heard without placing them at the centre of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.

Family Dispute Resolution

Family Dispute Resolution
Author: Peter Salem
Publisher: Oxford University Press
Total Pages: 633
Release: 2024-04-23
Genre: Psychology
ISBN: 0197545920

Over the last 50 years family justice systems in the United States and elsewhere have evolved from a predominant adversarial approach focused on litigation to the significant integration of more collaborative, settlement-oriented approaches, especially mediation. In Family Dispute Resolution: Process and Practice some of the field's leading practitioners, researchers, teachers, and policymakers provide an overview of the modern family dispute resolution processes designed to help separating and divorcing parents make decisions about the future of their families. Chapters in this book address the growth of divorce mediation and other specialized processes including parenting coordination, arbitration, child-inclusive mediation, and online dispute resolution. They describe how to work with families experiencing issues including domestic violence, high conflict, substance misuse, and the lack of legal representation. Case management initiatives and special issues, including social science research and conflicting standards of practice, are also explored. Family Dispute Resolution provides a wide-ranging look at contemporary family dispute resolution processes and is essential reading for everyone interested in learning more about working with separating and divorcing families, including professionals, and law and graduate students.

Nordic Mediation Research

Nordic Mediation Research
Author: Anna Nylund
Publisher: Springer
Total Pages: 268
Release: 2018-04-03
Genre: Law
ISBN: 3319730193

This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.

Voices of Children of Divorce

Voices of Children of Divorce
Author: Dr. David Royko
Publisher: St. Martin's Press
Total Pages: 238
Release: 2013-07-30
Genre: Family & Relationships
ISBN: 1466850108

"Among the scores of books concerning divorce, rarely have the voices of the innocent victims--the children--been heard. In Dr. Royko's deeply moving assemblage of the kids' sometimes troubled yet revealing thoughts, we hear them at last" --STUDS TERKEL, author of Working "The silent sounds of family breakups are captured with startling clarity by Dr. David Royko, who helps us to hear the observations and intimate revelations of those who have the least control of the process and who are most affected by it. By giving voice to these silent witnesses, Dr. Royko confirms for us working in the field--lawyers, judges, mediators, social workers, and therapists--the devastating impact of divorce on those least able to cope, and the need for divorcing parents to develop an awareness of the child's perspective." --BENJAMIN S. MACKOFF, former presiding judge of the Cook County Domestic Relations Court and director of family mediation services, Schiller, DuCanto and Fleck "Dr. David Royko's Voices of Children of Divorce provides sage observations from the children who have been the witness of adult folly. The book is truly wonderful in that it allows children with vastly different experiences to share their perspectives with clarity and focus, in the process teaching adults how to better manage divorce." --BENNETT L. LEVENTHAL, M.D., Irving B. Harris Professor of Child and Adolescent Psychiatry, University of Chicago "At last we hear from that silent majority, the children, who are always the victims in divorce. Dr. David Royko's collection of their candid observations should move divorcing parents to reevaluate their priorities and their behavior." --JENNY GARDEN, author of The (Almost) Painless Divorce: What Your Lawyer Won't Tell You

Mediation and other forms of Alternative Dispute Resolution

Mediation and other forms of Alternative Dispute Resolution
Author: Michael Bartlet
Publisher: Taylor & Francis
Total Pages: 315
Release: 2024-12-03
Genre: Law
ISBN: 1040226361

Covering both the principles and practice of Alternative Dispute Resolution (ADR), this important new textbook equips students not only with a contextual understanding of the role of ADR in adjudicating civil disputes but also with the different forms of mediation and ADR available and the key issues in their application. Providing theoretical and practical insights, the book begins with a critical examination of the tenets on which ADR is based, where it sits in relation to civil law, and how it is applied in different national contexts. It discusses the various areas in which mediation or arbitration can be applied, from family mediation to restorative justice, and includes chapters on the ethics of mediation and its psychology, as well as an introduction to online dispute resolution (ODR). The concluding chapter offers some thoughts on the benefits and challenges of mediation. Featuring a glossary of key terms, detailed case law, end-of-chapter problem questions, and advice around listening skills during a mediation process, Mediation and other forms of Alternative Dispute Resolution is an essential textbook for any student approaching ADR for the first time and offers practitioners an opportunity to reflect on the context of ADR.

Therapeutic Family Mediation

Therapeutic Family Mediation
Author: Howard H. Irving
Publisher: SAGE
Total Pages: 426
Release: 2002-06-12
Genre: Social Science
ISBN: 9780761923138

Designed as a practical hands-on manual or text for students and professors of social work, Therapeutic Family Mediation will also prove highly useful to mental health practitioners, legal professionals and mediators, couples going through divorce, and community workers specializing in family services.Key Features:Guides the reader through the authors' five-step model: Intake/Assessment, Pre-Mediation, Negotiation, Termination, and Follow-UpOutlines the use of parenting plans and financial plansExplores patterns of conflict and monetary issuesExplains the process of drafting contractsProvides the tools necessary for assisting high-conflict couples and culturally diverse couples

Routledge Handbook of International Family Law

Routledge Handbook of International Family Law
Author: Barbara Stark
Publisher: Routledge
Total Pages: 422
Release: 2019-01-30
Genre: Law
ISBN: 1317043111

Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.