DEVELOPMENT OF UNIFORM STANDARDS OF PRACTICE FOR COURT-CONNECTED CHILD CUSTODY MEDIATION IN CALIFORNIA

This article describe the 2-year process used to develop the Uniform Standards of Court-Connected Child Custody Mediation in California recently adopted by the Judicial Council of California. The text of the adopted Uniform Standards is incorporated in this article.     

BUILDING A CHILD PROTECTION MEDIATION PROGRAM IN BRITISH COLUMBIA

Effective implementation of mediation programs on a large scale is a complex challenge. This article describes the process of design and implementation of a child protection mediation model and highlights the challenges and successes involved in leading fundamental culture shifts within the child welfare system over a period of eleven years.     

IMPLEMENTING A LEGISLATIVE MANDATE FOR SERVICES AND COORDINATION TO CALIFORNIA'S COURT-CONNECTED FAMILY MEDIATION AND CONCILIATION COURTS

This article describes the implementation of landmark legislation in California that provided for services and statewide coordination of family mediation and conciliation courts in California. The article describes the overall management design and its underlying principles, projects, and the five major statewide areas of services.     

WOMEN'S AND MEN'S VIEWS OF MEDIATION IN VOLUNTARY AND MANDATORY MEDIATION SETTINGS

This article reports findings regarding women in mediation from a combined group of 184 persons who received mediation services from the Alameda County Superior Court Family Court Services or the Northern California Mediation Center. This empirical study refutes many of the criticisms of mediation by some feminist critics of the process.     

A STUDY OF DOMESTIC MEDIATION OUTCOMES WITH INDIGENT PARENTS

This research is a study of domestic mediation outcomes of a group of indigent clients served by a grant awarded to Family Development Services at Fort Hays State University by the Kansas Supreme Court Dispute Resolution Council. The period studied was September 1998 through December 1999. There was a total of 29 mediation cases included in the study. The results demonstrated that domestic mediation with indigent clients is equally as effective as domestic mediation with nonindigent clients. Several dependent variables were examined in respect to positive correlations with mediation outcomes.     

SUPPORTING FAMILY STRENGTH: THE USE OF TRANSFORMATIVE MEDIATION IN A PINS MEDIATION CLINIC

This article describes, and explains the rationales for, the establishment of an innovative program in which a law school and two social services agencies are collaborating in a mediation clinic that uses the transformative model of mediation to serve clients in cases that seem ideally suited to benefit from this approach to practice—so-called "PINS" (persons in need of supervision) cases involving conflict within families, between parents and their adolescent children. The article first describes the evolution of the PINS system and the changing views of its purpose, especially in New York State. It then offers a brief introduction to the unique features of the transformative approach to mediation and explains why that approach in particular is likely to mesh with current understandings of the needs of the families involved in these cases. Finally, the article describes the innovative "Family Solutions Program" and how it uses transformative mediation to help these families and suggests that experience of this program shows how use of the transformative model, in particular, could be valuable not only for clinical education but also for effective volunteer training and supervision in mediation programs generally.     

PARTNERS IN THE PROCESS: HOW ATTORNEYS PREPARE THEIR CLIENTS FOR CUSTODY EVALUATIONS AND LITIGATION

We surveyed 113 family attorneys regarding what they did to prepare their clients for child custody evaluations and litigation. Findings revealed that participants saw child custody evaluations as useful on a variety of levels and effective in settling cases. In general, participants reported using professionally acceptable procedures, appropriately advocated for their clients, and dealt with complaints in a reasonable fashion. Referrals to mental health professionals in advance of a child custody evaluation were generally made to provide support rather than for evaluation or test preparation. Work product reviews by mental health consultants were infrequent, although such reviews were seen as highly useful by those who used them. Lastly, participants reported that allegations of parental alienation and domestic violence were often used to gain leverage in custody cases. Implications for practice are discussed for both attorneys and evaluators.     

THE CAUSES OF GIRLS’ DELINQUENCY AND THEIR PROGRAM IMPLICATIONS

This article summarizes some of the literature reviewed by the Girls Study Group, which is a federally funded project aimed at assessing the causes of girls’ delinquency as well as evaluating programs to address it. The literature reveals that a number of factors such as family dysfunction, involvement with antisocial peers, and living in disadvantaged neighborhoods are correlated with delinquency for both boys and girls. Some factors, however, are gender sensitive, meaning that either girls are more exposed to a given risk factor than boys or react somewhat differently to a given risk factor. Girls have higher rates of exposure to sexual assault, which is associated with delinquency and, although more research is needed, they are more affected by the impacts of early puberty, when it is coupled with harsh parenting and disadvantaged neighborhoods. This article discusses some implications of the research on correlates of delinquency for programming for girls and makes recommendations for program selection.     

EARLY NEUTRAL EVALUATIONS: APPLICATIONS TO CUSTODY AND PARENTING TIME CASES PROGRAM DEVELOPMENT AND IMPLEMENTATION IN HENNEPIN COUNTY,MINNESOTA

A program to apply Early Neutral Evaluation (ENE), a confidential, settlement‐oriented and accelerated alternative dispute resolution technique, to child custody and parenting time cases has been cooperatively developed by Hennepin county Family Court Services and the Minnesota Fourth Judicial District Family Court. Parties are referred by the court to a male/female team of experienced neutral evaluators for early feedback on the probable outcome of a full evaluation and an opportunity to negotiate a settlement. It has proven to be a highly successful program in its first 2 years, with the majority of cases reaching an early settlement. The ENE program reduces the stress and expense of custody disputes for clients, expedites judicial case management, maximizes Family Court Services staff efficiency, and focuses subsequent evaluations on critical issues.     

RESULTS OF A SURVEY OF COURT-CONNECTED PARENT EDUCATION PROGRAMS IN U.S. COUNTIES

This article highlights the results of a survey of 3,073 U.S. counties regarding court-connected programs for divorcing parents. Court-connected programs were identified in 541 counties. Information is provided on states' efforts at parent education for divorcing parents, including proliferation of programs, commonly used programs, court involvement in organization of programs, fees, and various attendance policies, including mandated attendance. The research establishes a base of information that reflects current practices, informs future research on program outcomes, and assists court systems to implement, change, and/or mandate education programs for divorcing parents.     

ASSESSING FOR ALIENATION IN CHILD CUSTODY AND ACCESS EVALUATIONS

In-depth child custody evaluations can be critical in forming an accurate understanding of families in which alienation of children is a concern. By integrating interview and psychological test data of parents and children along with collateral information the evaluator can differentiate an alienated child from children with other forms of parental rejection and can form a thorough understanding of the multiple contributants to the alienation. This comprehensive and integrated understanding is then used to develop a clear and specific intervention plan.     

A FOCUS ON EMOTION IN MEDIATION TRAINING

Trainee mediators must learn to understand their own emotions and the emotional reactions of mediation participants to intervene effectively in conflict. Training techniques developed for family and divorce mediation may also apply to training for other types of conflict. Visualization and observation exercises developed a "meta-perspective" on the dynamics of conflict, which can help traines manage their own emotional reactions and think strategically at the same time. Responding to videotaped or role-played emotional reactions from participants can desensitize trainees to conflict. Directing trainees toward information available on the process of divorce or other prolonged conflict can help them respond with more empathy to participants. Attention paid to these emotional issues in mediation training may prevent mediator stress and burnout.