FAMILY DISPUTE RESOLUTION: CHARTING A COURSE FOR THE FUTURE

This article summarizes ideas for future directions in the field of family dispute resolution, as discussed by legal experts, social scientists, and other participants at the Indiana University–Bloomington conference on family dispute resolution. Five major categories of future directions were discussed: (1) clarifying differing goals for work in this field; (2) recognizing, understanding, and assessing for heterogeneity among couples and families facing divorces, break ups in adult relationships, and reconfigurations of adult relationships with the children ("relationship dissolution"); (3) testing our assumptions and commonly held beliefs about relationship dissolution; (4) empirically testing the efficacy of interventions for families experiencing relationship dissolution; and (5) disseminating research findings to those on the frontline.     

PARENTAL CONFLICT RESOLUTION

Six-, 12-, and 15-month follow-up data are presented evaluating a program for high-conflict parents. Funded by a grant from Health and Human Services, the program's content reflects an extensive review of research literature, including the relevant literature on personality disorders. Introduced in Phoenix, Arizona in October 1999, the program has served more than 1,000 families in several jurisdictions. Whereas other programs for entrenched, high-conflict cases are typically time intensive, involving 2 to 6 months, this is a one-time 4-hour program. As such, the authors are heartened to report a suprisingly positive—and enduring—response from the parents.     

ASSESSMENTS FOR POSTSEPARATION PARENTING DISPUTES IN CANADA

There is controversy in Canada about the use of assessments by mental health professionals to assist in the resolution of postseparation disputes between parents about their children. Although the principles developed by the Supreme Court of Canada to govern the admission of expert evidence in criminal law cases provides guidance for judges in family law cases, in deciding whether to order an assessment or admit expert evidence, family law judges must also take account of the child-related context. Mental health professionals can provide valuable information that would otherwise be unavailable when making prospective decisions about children. Court-appointed assessors also have a significant institutional role in the family law cases that has no equivalent in the criminal law context. Assessors are important not only for the relatively rare cases that go to trial, but they also play a central role in helping to resolve the much larger number of cases that are settled.     

FAMILY DEVIANCE AND DELINQUENCY IN CHINA*

This research explores the relationship between family deviance and delinquency using survey data from Tianjin, a large city in China. We hypothesize that, similar to findings in the West, family deviance will be positively related to delinquency in China. We also hypothesize that the nature of the causal process linking these two variables will differ in certain respects from the pattern observed in Western nations, reflecting the unusually strong emphasis placed on family relations in Chinese society. The results of the analysis are mixed. Consistent with expectations, family deviance is positively related to official delinquency status, exhibiting indirect effects via family controls, moral commitments, and deviant associations, and direct effects that are likely to reflect family group pressures. We also discovered appreciable effects of friends' deviance, which runs counter to our hypothesis that the influence of family variables will significantly diminish the importance of peer associations. In general, our analysis indicates the key role of the family in explaining delinquent behavior in China, and it illustrates the utility of cross-cultural research for assessing the generality of research findings and identifying new directions for criminological inquiry.     

ALTERNATIVE DISPUTE RESOLUTION FOR HAGUE CONVENTION CHILD CUSTODY DISPUTES*

This note explains that an Alternative Dispute Resolution (ADR) protocol should be adopted as part of the Hague Convention on the Civil Aspects of International Child Abduction to facilitate the amicable resolution of cross‐border child custody cases. It suggests that national ADR models should be used as a guide to improve this treaty. First, this note brings to light the negative effect of cross‐border litigation on children as well as the complexities and the deficiencies of this international treaty. Second, it examines mediation and arbitration systems employed in the United States, Europe, and Australia and how these can be transposed on the international scale. Third, it proposes how the ADR protocol should be drafted and implemented. A sound ADR mechanism would alleviate the unfortunate conditions of children trapped in long and destructive international child custody battles.     

REEVALUATING THE CUSTODY-THERAPY CONFLICT PARADIGM IN CORRECTIONAL MENTAL HEALTH SETTINGS*

It has become almost axiomatic in sociological analyses of interactions between mental health and criminal justice personnel that their respective ideologies are inherently contradictory and produce conflict within organizations in which both groups are working. Because key components of the mental health system have changed dramatically since the seminal research in this area was conducted and because these concepts were never tested in certain criminal justice organizations, many commonly accepted generalizations about custody-therapy conflicts warrant new examination. Interview and questionnaire data from a national sample of 43 county jails with mental health programs were analyzed. In contrast to earlier research, fundamental conflicts between mental health and correctional staff were not frequent. Rather, Pondy's concept of frictional Conflicts, which are not fundamental to either individual interactions or organizational operations, were more typical. Jails, as short-term people-processing organizations, cannot be assumed to fit organizational research results generated from state prisons.     

OREGON'S INTEGRATED FAMILY COURT OF THE FUTURE

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FAMILY/CHILD JUDICIAL DISPUTE RESOLUTION (JDR)

This article outlines the Pilot Project in Pre-trial Judicial Settlement Conferencing in Family and Child Welfare/Protection Matters, which was designed and implemented by the authors, The Honourable Judge Nancy A. Flatters of the Provincial Court of Alberta, Family and Youth Court, at Calgary. The article also outlines the basis, rationale, and development underlying this emerging nontraditional judicial approach to the resolution of these disputes and the resulting settlement outcomes.     

ROUTINE ACTIVITIES AND CRIME: AN ANALYSIS OF VICTIMIZATION IN CANADA *

Miethe et al. (1987) have suggested that there are strong interaction effects between demographic characteristics of victims and certain routine activities that occur at night and away from home, but only for victims of property crime. This same pattern does not appear for victims of violent crime, they maintain, because unlike property crime, violent crime often involves interpersonal conflict and disagreement and is therefore spontaneous. Using data from the Canadian Urban Victimization Survey, which contains detailed measures of routine activities not available in Miethe et al. 's U.S. study, this study finds contrary evidence that suggests that personal crime is contingent on the exposure that comes from following certain life-styles. This is particularly true for certain demographic groups, particularly young males. The findings are considered in the light of the literature focusing on the interaction between situation and personality and the importance of the resulting conflict styles in promoting or reducing the opportunity for crime in certain settings and under certain conditions.