Over the last 10 years, and in the course of several Roma integration programmes, a new function or rather a professional role has emerged: the Roma mediator - a professional involved in various fields (in particular the areas of Roma integration, education, health care, employment, and residence). In this article, Éva Deák, from the Partners Hungary Foundation, provides an overview on the link between social groups, different cultures, and about results and successes in understanding and manage social conflict. read
Each year more than 230,000 people in the UK go through the traumatic process of divorce. The process if often stressful, costly and - particularly when children are involved - it can be complex and needs to be handled with great care by all those professionals involved. Yet, contrary to popular belief, the vast majority of divorces don't require a full-blown court case to resolve these often difficult and sensitive issues. While some couples, thankfully, are able to agree things with the bare minimum of legal input, for those who require help the legal system has developed a number of processes, collectively known as dispute resolution, that avoid the need for court altogether. read
It's National Family Dispute Resolution week, highlighting the alternatives to using court to settle matters when couples separate. We asked Bernie Davis from Berkshire Family Mediation to tell us the lessons from celebrity divorces. read
The Bombay high court on Monday appointed a mediator in the matrimonial dispute case between former Miss World Yukta Mookhey and her estranged husband Prince Tuli. Senior advocate Rajiv Patil will be the mediator. Patil would hear both the parties out and try to resolve the issue amicably and work towards ensuring a settlement between the warring couple. read
Eastern China's Shandong Province has seen more complaints related to marriage and family over the past three years, with complaints involving domestic violence accounting for about one-third of the category, according to a meeting held by the Shandong Women's Federation on November 21, 2013. Among the six categories of complaints lodged by women, the number of complaints related to marriage and family, labor rights and social security, and property rights has increased. Head of the Legal Department of the Shandong Women's Federation Zheng Donghui pointed out that family structures, relationships and functions have changed with China's social transformation. There are now more family disputes and a surge in the divorce rate. read
Simon Cowell's baby mama Lauren Silverman and her ex won't be settling any future disputes through overpaid lawyers -- they've enlisted a trusted mutual friend to hash out their differences ... a man who also happens to be a famous BILLIONAIRE. According to the divorce settlement, Lauren and Andrew Silverman have named Sir Philip Green as a mediator. Green is the current CEO of the Arcadia Group, which owns the likes of Topshop, and is worth a reported $5.3 billion. Under the settlement, Green will be one of two mediators (the other being attorney Martin Edelman) for the next 5 years. read
The mediation centre of the Pune District and Sessions Court has recorded a rapid increase in settling cases — out of 4,082 cases referred to it so far this year, 2,481 cases have been settled. For dispute settlement, the centre uses alternative dispute resolution (ADR), a technique that acts as a means for disagreeing parties to come to an agreement short of litigation. Explaining the procedure, R K Malabade, mediator judge and co-ordinator of the centre, said, “Mediation is an ADR process during which the mediator, an impartial third party, assists disputing parties in reaching a mutually acceptable agreement. Malabade added that mediator does not impose a solution on any party, but helps those involved in the dispute to talk to each other, and resolve the dispute themselves. “The procedure followed during mediation is as per section 89A of the Civil Procedure Code (CPC) that talks about settlement of disputes outside courts. At present, most of the cases that the centre deals with are matrimonial disputes and property matters,” he added. read
Court-ordered mediation for parents feuding over children has moved closer to becoming a reality. Recognising the importance of both parents in the lives of their children, the One Bermuda Alliance Government pledged in the Throne Speech to upgrade existing legislation. Amendments to the Children Act 1998 will make mediation a prerequisite to coparenting orders rather than as a result of non-compliance with court orders. read
The number of divorcing couples using special out-of-court sessions to settle disputes over property and children has collapsed in the wake of legal aid cuts. Thousands of divorcing couples and their children are being drawn into bitter but avoidable court battles in the wake of Government cuts to legal aid, stark new figures show. The number of couples inquiring about formal mediation has halved since the cuts came into force in April. Meanwhile the number of couples formally entering into the process – which the Government have hailed as an alternative to costly and often bitter litigation – is down by a third in that time. read
Former Miss World Yukta Mookhey and her estranged husband Prince Tuli Monday suggested the Bombay High Court Monday that their case, in which Mookhey had accused Tuli of causing harassment and unnatural offences, be referred to the court's mediation centre. Following their request, the court asked the legal aid authority to appoint a senior lawyer as a mediator in the case. The mediator has been asked to submit a report to the court by November 19. Mookhey's lawyers suggested the appointment of a mediator as the possibility of an amicable settlement between the couple had been ruled out. read
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Family & Divorce Mediation Articles
Parent Conflict After Separation: Taking a Closer Look (11/27/13) Joan B. Kelly, Ph.D. High conflict is often described as the most damaging factor in the post-separation adjustment of children and adolescents. High conflict that continues in the years after separation is indeed a major risk factor for children’s longer-term well-being. However, more recent research has demonstrated that it is only one of several important factors creating risk and potential detriment. The quality of parenting after separation and divorce, for example, is now recognized as equally important, if not more so, because competent and warm parenting acts as a protective barrier against the effects of high conflict.
REVIEW of Ellen Bruno’s DVD, “SPLIT: Divorce Through Kids’ Eyes” (11/26/13) Donald T. Saposnek Ellen Bruno’s new film, Split takes us to a whole new level in understanding the effects of divorce on children. The movie is 28 minutes long and consists 100% of interviews of real children (no adults were harmed used in the making of this film) telling about their experiences going through their parents’ divorces. I strongly encourage you to view this lovely film and discover ways to integrate it into your work of supporting families going through divorce. 1 Comment
Family Mediation UK - Video (11/13/13)
This video is produced by the Ministry of Justice in the UK . It highlights the benefits of using mediation for family cases.
Mediating in Cases in Domestic Violence – Between a Rock and a Hard Place (11/08/13) Sabine Walsh The question of whether, and how, to mediate with couples who have experienced or are experiencing domestic violence or abuse has challenged and divided mediation professionals for many years now without consensus on how to handle such cases having been reached. Domestic abuse can be a contra-indicator for mediation for a number of reasons, mainly however that it is likely to compromise the equality of bargaining power, the free interaction with and the voluntary participation in mediation.
Why Couples Are Choosing Mediation in Divorce Cases (11/04/13) Bruce Provda If you are contemplating a divorce or having trouble settling divorce issues with your spouse, mediation might be the best choice. Mediation is a great setting for you and your spouse to settle your divorce issues in a more amicable fashion with less stress on you and other family members, including your children. Being able to settle issues quickly helps children and other family members adjust to the situation as well.
Ten Tips for Developing and Drafting Effective Parenting Plans in Mediation (10/31/13) Donald T. Saposnek A mediation process that is thoughtful, respectful, and paced to fit the communication style and needs of the parents will increase the chances of crafting a clear and comprehensive parenting plan. Such a process offers a supportive and cooperative context, promotes direct communication between the parents, empowers the parents to make their own decisions, remains sensitive to their unique couple dynamics, and maximizes a tone of flexibility for future modifications to their agreement. While this context is very important, even more is needed to develop an effective parenting plan. The following ten tips will ensure a well-drafted product. 3 Comments
Divorcing Parents: Avoid Bringing Your Battles to Court (10/15/13) Rosalind Sedacca You're getting divorced and you're angry, resentful, hurt, vindictive or any combination of other painful emotions. Hiring the most aggressive litigious divorce lawyer you can find seems like your smartest choice. If you're a divorcing parent who is thinking along those lines, you're making a choice you may long regret.
Getting Unhooked From Interpersonal Conflict (10/15/13) Tammy Lenski You’re familiar with hooks: Hooks for hanging coats, hooks for fishing, hooks for crocheting, hooks in computer programming, hooks in barbed wire. They share a kindred function: To intercept and snag, to catch and hold. But what is the role of a hook in mediation?
Globalization of Family Mediation Rooted in Children’s Rights (9/20/13) Maureen Dabbagh Mediation now includes standards and guidelines for international family mediation. Unlike traditional family mediation rooted in state family law codes, international family mediation has developed within the context of international rights of children. The Hague Conference on Private International Law (HccH) used the principles found in the United Nations Convention on the Rights of the Child (UNCRC) in framing international family mediation. The first standards for cross border family mediators was presented in December 2012. 3 Comments
Dealing with Your Ex’s New Other (9/20/13) Allison Pescosolido For many, some sort of relationship with your ex exists beyond divorce. Whether you have children, business interests, or other things in common after divorce, you may have to confront a new love interest in your ex’s life. Below are five tips to help you interact with the new other and maintain your personal integrity.
Love, Eros, and Negotiation (9/19/13) Robert Benjamin Even linking the notions of love with negotiation rubs some people the wrong way. Love, after all, should be pure and not subject to vicissitudes of business. And, negotiation, being business, many believe should never be personal. In most relationships, however, personal and business, love and negotiation are inseparable and he denial of that reality frequently and unnecessarily contribute to the end of many relationships. 1 Comment
Restructuring the Family the Collaborative Way (9/13/13) Dick Price In a typical litigated divorce, the Judge will impose a standard set of guidelines for most matters relating to the children. In many of those cases, the resulting order doesn't exactly fit the needs or facts of the case. Many times, there's a random standard possession schedule for the children, as well as a standard child support order. Special needs due to work, geography, health, school or any other factors are often not considered. The big advantage of that approach, "one size fits all", is that it's easy.
On Apologies (8/31/13) Gregorio Billikopf We must first recognize our error before we can make things right. While never easy, it is even harder when such recognition requires a public acknowledgement—an apology—to those we have injured. A true apology requires a great deal of humility and includes a sincere expression of regret, changed behavior and, when possible, restitution. 3 Comments
The "Too Attractive" Bias (8/23/13) Phyllis Pollack On Sunday, October 13, 2013, I will be participating in a panel presentation entitled, "Ethical Duties of Eliminating Bias in the Legal Profession" as part of the California State Bar's Eighty Sixth Annual Meeting in San Jose, California. The focus of our discussion will be hidden/implicit biases- those biases that exist within us, subconsciously, if not unconsciously. When do these actually become discrimination?
A Rose by Any Other Name (8/23/13) Richard Birke Most of the leading law school textbooks explain arbitration by describing a case where a party suffers a loss and there is a dispute between the insurance company and the insured. The insured typically places a high value on the subject of the loss, while the insurance company places a lower value.
Co Parenting Strategies (8/23/13) Allison Pescosolido There are 5 strategies that both parents should employ while parenting. These strategies help parents to maintain sanity and keep consistency for their children.
Virtually Everyone is Touched in Some Way By Divorce (8/16/13) Rachel Virk Understand that although your marriage is ending, you have every right to hold on to the memories of the good times and of the good years. They were good, and nothing can take that away. It is not that parts of you are being torn away or destroyed, but rather the divorce experience, and the self-knowledge you gain, will help to define and develop the whole person you are becoming. 2 Comments
More Conflict Resolution Tips for Divorcing Couples (8/02/13) Oran Kaufman Many aspects of the mediation and conflict resolution process are counter-intuitive. It is very easy and tempting as clients to throw in the towel and give up on the mediation process when an impasse occurs. This article provides useful tips for the mediator to properly set the stage so this does not occur and suggestions for clients that will allow them to work through the conflicts and bumps in the road that are bound to arise in the mediation process. 1 Comment
A Glass of Wine and the Truth (8/02/13) Vivian Scott At some point down the line we parents can create an opportunity to cozy up on the couch with a glass of wine, some comfy throw pillows, and talk about the events that took place over the years as a collective experience; the good, the bad, and the ugly.
Fifth Circuit States Terms of Prior Agreements Were Not Incorporated Into Master Settlement Agreement (7/26/13) Beth Graham The United States Fifth Circuit Court of Appeals has held that the terms of two parties’ Merger and Cooperation Agreements were not incorporated into a Master Settlement Agreement entered into by only one of the parties. In Alford v. Kuhlman Electric Corporation, No. 11-60728, (5th Cir. May 24, 2013), BorgWarner, Inc. purchased Kuhlman Corporation (“Kuhlman”) and all the company’s subsidiaries, including Kuhlman Electric Corporation (“KEC”).
The Varying Roles of the Mental Health Professional in Divorce (7/25/13) Rachel Virk This article discusses ways in which a mental health professional may be involved in the resolution of divorce – whether through mediation, collaboration, negotiation or litigation. To best serve the needs of the client, and to protect his or her interests, it is essential for the mental health provider to understand the context in which the conflict is being addressed.
As Marriage Equality Disputes Arise, so Does Opportunity for ADR (7/19/13) Patrick Mahoney Recently the United States Supreme Court issued long anticipated rulings in the first marriage cases to reach the high court – United States v. Windsor and Hollingsworth v. Perry. Taken together, the decisions represent a significant step in the central civil rights issue of this era – the rights and responsibilities of same-sex couples to marry.
When a Deal is Not Equal (7/18/13) Diana Mercer What do you, as the mediator, do when a deal isn’t equal? And not just sort of unequal, but big bucks unequal? And you know your clients aren’t talking to attorneys. What’s your role and what’s your responsibility? 5 Comments
Mediation in Cases of International Family Conflict and Child Abduction (7/08/13) Sabine Walsh The School of Law, National University of Ireland, Galway hosted in association the UNESCO Child and Family Research Centre, NUIG and the Irish Centre for International Family Mediation a Conference on Mediation in Cases of International Family Conflict and Child Abduction on a typically damp Saturday in May in the West of Ireland.
Why is it Beneficial to Collaborate? (7/07/13) Rachel Virk Litigation is an old-fashioned way to resolve disputes. Nowhere is this more evident than in the family law arena. Attorneys are increasingly developing and turning to nonlitigated forms of dispute resolution. Not only are there now choices between litigation, negotiation, collaboration and mediation, but all four of these basic methods can be further divided into even more refined processes, models and approaches.
3 Fallacies over Lunch (7/07/13) Dick Price At lunch today, a very good friend and I started talking about Collaborative Law. I have known him over 30 years and we often talk about law, divorce (he's had two) and what I do as a lawyer. We have discussed Collaborative Law a number of times. I learned today that I need to be a little clearer with others when I talk about how the process works. I was shocked to hear statement after statement of misunderstandings from him.
Infidelity and Family Mediation (6/24/13) Laurie Israel Spouses fear infidelity, and for good reason. They see other marriages dissolve as a result of it. Infidelity seems to always have the effect of a fire – uncontrollable and unpredictable. It often destroys a marriage. But does it have to?
The Boogeyman of California Family Law (6/13/13) Don Cripe People in a dispute have an increasing number of options for resolving their dispute. Those resolving family disputes have mediation as an option as well as many services provided by local courts.
I Didn't Leave the Children (5/28/13) Michael Jacobs From a mediator's perspective, slowing down, taking care to name truly, and to value messiness, are key elements of our practice. To break the cycle of attack/defend ("You left us/I didn't leave the children") is only possible by creating a space wide enough to encompass the complexity of where they currently stand. These perspectives are gathered from 16 mediators in a recent advanced family mediation training. 2 Comments
The Family Business in Divorce: Issues for Mediators (5/28/13) Jeffrey Fink There are millions of family businesses in the US. Even a buzz-word, “copreneurs,” has been coined to describe couples who work together. Unfortunately, with up to half of all marriages ending in divorce, a significant number of these businesses will end up as a football to be tossed around between squabbling spouses.
5 Tips for Co-Parenting After Divorce (5/28/13) Allison Pescosolido Divorce affects the whole family. It causes parents to worry about children in ways they never thought they would. As the relationship between a couple change from souse to ex, so does the parenting relationship.