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The chief justice of the Australian Family Court discusses the use of mediation in the Family Court of Australia. He traces the legislative origin and the basic purposes of the service. Of particular interest is the differentiation between mediation, conciliation, and the court process. The limitations are also discussed, especially the use of mediation in domestic violence situations.  相似文献   

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This article discusses the roles and levels of participation of the various participants in juvenile and dependency court mediation, and also examines potential gains and losses associated with participation for family members and the social worker.  相似文献   

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This article presents the results of a 9-month interdisciplinary task force convened to review the mediation process in the juvenile dependency court and to develop guidelines for its operation by the conciliation court, stemming from a grand jury recommendation.  相似文献   

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It is in the nature of caring relationships that we advance to each other room as a cushion against the inevitable blows of destiny and the inevitable conflict between us.— Ivan Boszormenyi-Nagy, family therapist, 1986  相似文献   

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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.  相似文献   

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This study examines mediation in three dependency courts in the United States and identifies major policy questions regarding the use of mediation in these proceedings.  相似文献   

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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.  相似文献   

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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.  相似文献   

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Divorce mediation, as it has evolved in North America, is a relatively new development in Israel. The Israeli socio-legal and cultural context present several obstacles along the road to cooperative settlement of divorce conflicts. This article discusses the secular and religious dual court systems, the Jewish law requiring mutual agreement to divorce, and the impact of certain inequalities of the sexes. Mediation services in the public and private sectors are described.  相似文献   

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