The Role Of Court Based Mediation In The Resolution Of Divorce Disputes
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Author | : Jay Folberg |
Publisher | : Guilford Press |
Total Pages | : 616 |
Release | : 2004-05-12 |
Genre | : Psychology |
ISBN | : 9781593850029 |
Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.
Author | : Peter Lovenheim |
Publisher | : NOLO |
Total Pages | : 464 |
Release | : 2004 |
Genre | : Business & Economics |
ISBN | : 1413300308 |
Presents an explanation of the mediation process, including choosing a mediator, preparing a case, negotiating, and writing a binding agreement.
Author | : Jane C. Murphy |
Publisher | : NYU Press |
Total Pages | : 227 |
Release | : 2015-06-26 |
Genre | : Family & Relationships |
ISBN | : 1479842206 |
Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.
Author | : Robert A. Baruch Bush |
Publisher | : |
Total Pages | : 479 |
Release | : 2010 |
Genre | : Conflict management |
ISBN | : 9780970949226 |
Author | : Hazel G. Genn |
Publisher | : Cambridge University Press |
Total Pages | : 229 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0521118948 |
A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.
Author | : Shahla F. Ali |
Publisher | : Edward Elgar Publishing |
Total Pages | : 237 |
Release | : 2018-03-30 |
Genre | : Law |
ISBN | : 1786435861 |
As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.
Author | : Julie Macfarlane |
Publisher | : UBC Press |
Total Pages | : 304 |
Release | : 2008-05-20 |
Genre | : Law |
ISBN | : 0774858192 |
Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
Author | : Suzanne McCorkle |
Publisher | : SAGE Publications |
Total Pages | : 397 |
Release | : 2018-03-23 |
Genre | : Language Arts & Disciplines |
ISBN | : 1506363520 |
Mediation Theory and Practice, Third Edition introduces you to the process of mediation by using practical examples that show you how to better manage conflicts and resolve disputes. Authors Suzanne McCorkle and Melanie J. Reese help you to understand the research and theory that underlie mediation, as well as provide you with the foundational skills a mediator must possess in any context, including issue identification, setting the agenda for negotiation, problem solving, settlement, and closure. New to the Third Edition: Expanded content on the role of evaluative mediation reflects the latest changes to the alternative dispute resolution field, helping you to distinguish between various approaches to mediation. Additional discussions around careers in conflict management familiarize you with employment opportunities for mediators, standards of professional conduct, and professional mediator competencies. New activities and case studies throughout each chapter assist you in developing their mediation competency.
Author | : Marian Roberts |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 293 |
Release | : 2008-08-01 |
Genre | : Social Science |
ISBN | : 1409491331 |
This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.
Author | : United States. Court of Appeals (District of Columbia Circuit) |
Publisher | : |
Total Pages | : 12 |
Release | : 1993 |
Genre | : Appellate procedure |
ISBN | : |