BUILDING PARTNERSHIPS TO PROTECT CHILDREN

A collaboration between Hawaii's Family Court and Child Protective Services resulted in statewide adoption of a form of family group conferencing–called 'Ohana Conferencing–which involves immediate and extended family, child welfare professionals, and others in a process of planning for the safety of children. The authors describe this model, its principles, origins, and format, emphasizing the importance within the conference of private family time apart from professionals. They discuss similarities and differences between 'Ohana Conferencing and mediation, case conferences, and therapy, 'Ohana Conferencing changes the relations among court (by diverting cases), family, and professionals; the authors address issues and challenges arising from this shift, such as the role of professionals, confidentiality, and decisions about whether to hold a conference and who may invite or veto attendees.     

University technology transfer: The 64 Kilobit Transceiver case study

This case study identifies the transfer models, unique dynamics, and lessons learned in the evolutionary development of Jim Cavers' and Shawn Stapleton's 64 Kilobit Transceiver technology developed at the School of Engineering Science at Simon Fraser University. By outlining the history, sources of funding, people, and organizations involved in the transfer of the communications technology, specific conclusions have been drawn. This case study was conducted for the University/Industry Liaison Office at Simon Fraser University, British Columbia. Ernest von Rosen completed a Master's Degree in Physics at Queen's University in Kingston, Ontario where he worked with the Applied Magnetics Group, which has an active history with technology transfer in the field of nondestructive testing of pipelines. Presently he manages new product development for CONFAX Publishing, a fax publication focusing on high-technology events within British Columbia.     

Settlement Disputes: Evidence from a Legal Practice Perspective

This paper explores the agency relationship between a lawyer and a client in the context of deciding whether to settle a case. The impact of alternative fee arrangements on settlement disputes is empirically assessed in a discrete dependent variable econometric model utilizing survey data from lawyers in British Columbia. In contrast to the previous research based on traditional single-task principal-agent models, a broader multitask perspective of a lawyer's practice is explored. More frequent settlement disputes are observed where the handling of disbursements is one-sided, and among lawyers who advertise, use lump sum billing and pursue jury trials and punitive damages. Disputes are less frequent among lawyers who employ percentage contingency fees and hourly rate contracts with a bonus for successful results. Disputes are also less frequent among lawyers in larger firms. There is also evidence that legal fee regulation and ex post judicial review of legal fees in British Columbia have affected the frequency of settlement disputes.     

EMPOWERING CHILDREN IN MEDIATION

The available research in the mediation arena regarding child custody disputes indicates a lack of and growing need for effective intervention techniques. The authors present practicing mediators with a specific intervention model for interviewing, safeguarding, and empowering children in the process of mediating custody disputes. The mediation model utilizes a structured, strategic, and process-oriented approach with a family systems theoretical orientation and may be used in private or court-connected settings. The model presented here goes beyond the child-centered interview norm to the inclusion of the child in the process to assist parents in decision making. The model supports the current California statute under Family Code Section 3023, which states that "if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an award of custody or modification." The model does, however, maintain the position that the final decision continues to lie with the parents or the courts and not the child.     

MEDIATION IN CHILD PROTECTION AND THE NOVA SCOTIA EXPERIENCE

In recent years, mediation has become a device used to settle disputes in the area of child protection. The first legislatively based child protection mediation program in Canada was implemented in the province of Nova Scotia in 1993. This program has been criticized for not safeguarding children from neglect and abuse, for redundancy with respect to settlements offered by child protection workers, for its nonuse of child protection workers as mediators, and for power imbalances between negotiating parties. It has also suffered from a low number of referrals to mediation. The Nova Scotia experience emphasizes the need to gain support not only from child protection agency leadership but also from frontline staff to create a stable and beneficial mediation program. Even in light of the complications with respect to child protection mediation in Nova Scotia, there is a growing interest and implementation of mediation programs throughout Canada.     

PROFILE: CHILD CUSTODY MEDIATION SERVICES IN CALIFORNIA SUPERIOR COURTS

California is now in its 11th year of mandatory child custody mediation, with a current yearly case volume statewide estimated at 65,494. This article profiles the variations in programs and mediation styles in 56 of the state's 58 Superior Courts. Two research studies provide the basis for the information on program structures, case activity, procedures, agreement formats, recommendations, facilities, security, and fees.     

BRINGING CHILDREN TO THE MEDIATION TABLE:

With the rise of divorce mediation as an effective means of resolving divorce and custody disputes, a question that arises is whether a child should actively participate in the mediation process to make his or her voice heard. This article discusses the costs and benefits of involvement, focusing on four specific approaches to the inclusion of children in divorce mediation. This article comes to the conclusion that the integration of children in mediation ought to be considered on a case-by-case basis, and further proposes that a child be included in divorce mediation in circumstances where the child's input is needed to help parents resolve an issue of dispute that concerns their child's interests.     

The Boycott of the Law and the Law of the Boycott: Law, Labour, and Politics in British Columbia

This article uses a critical theoryllegal mobilization perspective to study the 1987–92 trade union boycott of the British Columbia labour law. The problems encountered establishing a total boycott–one that would eschew all contact with the state–and the subsequent modification of the parameters of the boycott through a selective reliance on the law offer an important case from which to learn more about the role of law and legal rights in highly regulated organizations and how collectives mobilize the law. The author argues that legal rights are important to unions because of their ability to mediate the complexity of labour relations through a decentralization of authority. At the same time, mobilization of the law for this purpose accentuates localized identities and unequal resources that operate in tension with a boycott ethos, necessitating a deliberative politics to legitimize the law. By exploring the tension between these two forms of mobilization around law–one to reduce complexity, another to legitimize broad collective norms–the author analyzes and draws some conclusions about the reproduction of social unionism in British Columbia.     

EMPOWERING PARENTS IN CHILD PROTECTION MEDIATION: CHALLENGES AND OPPORTUNITIES

One of the greatest challenges that parents face in child protection mediation (CPM) is to voice their concerns and negotiate on a relatively equal basis with the other mediation participants. This article considers how imbalances of power, limited confidentiality protection, and the personal problems that bring parents into the child protection process can limit a parent's ability to exercise self-determination in mediation and offers guidance for mediators seeking to conduct CPM in a manner that effectively empowers parents to meaningfully and collaboratively participate in mediation.     

FAMILY GROUP CONFERENCING AND CHILD PROTECTION MEDIATION: ESSENTIAL TOOLS FOR PRIORITIZING FAMILY ENGAGEMENT IN CHILD WELFARE CASES

Family group conferencing (FGC) and child protection mediation maximize family engagement in child welfare cases by prioritizing families' roles in discussions and decisions. This article examines how FGC helps professionals to focus on family and community strengths, encourages family engagement, and provides targeted case plans for families and timely, permanent placements for children. It explores how courts and agencies use these interventions to empower families to contribute to resolutions in ways that are not possible in traditional litigation processes. These complementary processes help children and families by providing forums where families are allowed to make informed choices and take an active role in creating plans for their future.     

AN EVALUATION OF CHILD PROTECTION MEDIATION IN FIVE CALIFORNIA COURTS

This article presents the results of an evaluation of five California counties utilizing court-based mediation services to process child maltreatment cases filed with the court. The programs employed a variety of different service delivery approaches and targeted cases at a variety of different stages of case processing. The results indicate that mediation is an effective method of resolving cases and may offer a number of benefits over adjudication, including more detailed treatment plans and fewer contested court hearings.     

DOMESTIC VIOLENCE AND EMPOWERMENT IN CUSTODY AND VISITATION CASES

This article reports a State Justice Institute funded research project attempting to demonstrate the difference between mediation and evaluation disputes over child custody, and visitation where domestic violence is involved. The researchers attempted to develop samples at two courts—Hennepin County Circuit Court in Minneapolis, Minnesota, and Multnomah County Circuit Court in Portland, Oregon.     

LESSONS LEARNED FROM A CHILD PROTECTION MEDIATION PROGRAM: If At First You Succeed and Then You Don't…

This article discusses the U.A.L.R. child protection mediation program as well as several other child protection mediation programs in order to examine what makes a program a continuing success. Child protection mediation programs have gone through a period of tremendous progress and growth over the past 20 years in the United States and Canada. Numerous studies have shown that child protection mediation helps families and courts by lowering the amount of time that children spend in foster care and the amount of costs for courts and agencies. Child protection mediation is an essential tool for juvenile courts and the families that have cases there. This article addresses the development of child protection mediation programs, their importance to juvenile courts, and some reasons that these programs succeed or fail. Although many of these programs have early accomplishments, they have not always been able to maintain their growth or to continue to exist. The U.A.L.R. Mediation Project has not sustained its early levels of cases or referrals from court for numerous reasons. Using the techniques of other thriving programs, we will attempt to restart and re-energize the program. It has been established that the people who have a role in the establishment of a program, the funding sources and especially the commitment of the parties to the program all have a significant long-term impact. This article points out how programs should begin and proceed if they are to be a long-term success.     

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.     

CHILD PROTECTION MEDIATION: A 25-YEAR PERSPECTIVE

This article reviews the creation, development, and growth of child protection mediation (CPM) in the United States. Starting with a few pilot projects in the 1970s, CPM has grown throughout the country. The article traces child protection's development through the publication of the Resource Guidelines and Model Courts and then discusses what the necessary ingredients for a mediation program are. Mediation is then discussed from a judicial perspective. Barriers to mediation are listed, followed by a discussion of special issues that arise when developing and maintaining CPM programs. The article concludes with the observation that CPM is now recognized as a best practice by most judges and court improvement professionals and that it continues to grow.     

MEDIATION AND CHILD PROTECTION

Mediation as a means of resolving disputes in child welfare (protection) proceedings is relatively new. Mediation as a process has been gaining recognition in almost every area of conflict or contest. It is not surprising, therefore, that its movement into taboo areas such as child welfare matters has occurred. This article focuses on how mediation in this once forbidden area is not only feasible but beneficial. Based on actual case mediations and comments, it will be shown that mediation in this area is necessary and long overdue. A blueprint and criteria will be provided to practitioners in this area as guidelines to be followed.     

INTIMATE PARTNER ABUSE SCREENING IN CUSTODY MEDIATION: THE IMPORTANCE OF ASSESSING COERCIVE CONTROL

The central point of this paper argues that measuring physical violence alone is insufficient to detect relational distress in child custody/parenting time mediation samples. We present empirical findings from a large study attending custody/ parenting time mediation. Results suggest that the most economical and efficient screening tool should include measures of coercive controlling behavior. Our data suggests that coercive control is able to account for other victim distress variables crucial to mediation, including victim fear, victim safety and ultimately the fairness of the mediation process. We recommend that researchers continue to refine measures of coercive control to be used in custody/parenting time mediation settings.     

IN THE AFTERMATH OF TROXEL V. GRANVILLE

While the Court in Troxel v. Granville opines about the problems litigation creates, that of both expense and intrusion into the lives of families in the midst of grandparent visitation disputes, the Court decision falls short of posing a solution. The focus of this note is to propose a standard for mediation as a viable alternative to traditional litigation in such cases. The hope is that mediation will serve the best interests of the child.     

PROFESSIONAL PERSPECTIVES ON COURT-CONNECTED CHILD CUSTODY MEDIATION

This article presents the initial findings of a research project in five judicial settings where there is the provision of child custody mediation within the court. A sample of judges, members of the Bar, and court mediators completed the Professional Study Questionnaire, which examined opinions regarding the efficacy of child custody mediation and requested suggestions for judicial policy and procedure in cases of custody conflicts.     

Does Level of Intimate Partner Violence and Abuse Predict the Content of Family Mediation Agreements?

This study investigated whether reported levels of intimate partner violence (IPV) and/or abuse (IPV/A) victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues. Whether or not parties reached agreement was analyzed for 105 cases at a law school mediation clinic. Agreement content was coded for the 71 cases that reached agreement. Levels of IPV and IPV/A were determined separately for males and females, using a standardized measure. Regression models were utilized to examine reports of IPV or IPV/A as predictors. Results indicated that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns; levels of partner violence/abuse predicted numerous issues in mediation agreements, including arrangements regarding legal custody, parenting time, holidays, child exchanges, interparental communication, safety restrictions, counseling referrals, child support, financial arrangements, and other miscellaneous topics (e.g., relocation). However, some findings were consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A; for example, increasing levels of male‐perpetrated IPV/A predicted increased likelihood of making an agreement to share legal custody. Further research is needed to resolve the longstanding debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.

Key Points for the Family Court Community
• This study adds to the debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.
• It examines whether reported levels of IPV and IPV/A victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues.
• Results provide some evidence that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns.
• However, some findings are consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A.
• Findings have implications for the practice of family mediation with parties reporting a history of IPV or IPV/A.