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.     

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.     

THE EMERGENCE OF TRIAGE IN FAMILY COURT SERVICES: THE BEGINNING OF THE END FOR MANDATORY MEDIATION?*

Mandatory mediation has, since its inception in the 1980s, been at the heart of family court service agencies. However, changing times, more complex family problems, and a lack of court resources have created significant service delivery challenges. This article examines the emergence of variations of triage processes in family court service agencies as a response and contends that it is time to consider replacing the tiered service delivery model.     

WHAT WE KNOW NOW: FINDINGS FROM DEPENDENCY MEDIATION RESEARCH

After approximately 15 years of research on court-based dependency mediation programs, answers have emerged for many, but not all, of the questions that surround dependency mediation. This article explores what has been learned about court-based dependency mediation through research and what new and persisting questions remain. The article reviews empirical studies of child protection mediation. The topics considered include what we have learned about the organization and structure of mediation programs, what have we learned about settlement in mediation, and whether there are benefits to mediation beyond the mere fact that settlements are reached.     

从传世的和新出土的陕西金文及先秦文献看西周的民事诉讼制度

西周是中国奴隶制法发展的完善时期,已形成一套较为完善的奴隶制民事诉讼法律。陕西出土的传世的及新出土的西周青铜器铭文,明确而真实地反映了西周民事诉讼制度,再佐以先秦文献总结出西周民事诉讼制度的概貌。西周的调解制度、巡回审判制度以及宗法制的影响,使西周民事诉讼制度对中国司法制度有独特的影响。     

从“恢复性司法”看中国法文化传统的现代意义

中国司法传统的主流体现了一种朴素的人道精神,也蕴含着“和为贵”的价值取向。而目前在西方兴起的“恢复性司法”运动,在价值理念上与儒家的和谐思想和调解制度有诸多近似之处,而这也正是中西法律文化可以汇通的地方。它们对我们今天构建和谐社会均有借鉴意义。     

《劳动争议调解仲裁法》中劳动争议处理体制的适用问题研究

《劳动争议调解仲裁法》构建的劳动争议处理体制,应在适用过程中落实劳动争议调解多元化、社会化的立法意图,完善劳动争议裁审体制的分类处理机制,提高劳动争议仲裁的权威性与公信力,理顺劳动监察与劳动争议处理体制的关系。     

THE MEDIATOR'S ASSESSMENT OF SAFETY ISSUES AND CONCERNS (MASIC): A SCREENING INTERVIEW FOR INTIMATE PARTNER VIOLENCE AND ABUSE AVAILABLE IN THE PUBLIC DOMAIN

Screening for intimate partner violence and/or abuse (IPV/A) in family mediation is important, perhaps particularly among cases without attorney representation. While most mediators agree that it is ideal to consider IPV/A in case planning, there is less agreement regarding the need to universally and systematically screen for IPV/A among all cases. Such attitudes are of concern, given research in other fields (e.g., medicine, couples therapy) and our own research in a family mediation clinic, which documents that the lack of consistent and formal IPV/A assessment results in underdetection of IPV/A. While a variety of IPV/A screening measures exist, each has shortcomings. Thus, our research and clinical experience led us to develop a new IPV/A screening measure, the Mediator's Assessment of Safety Issues and Concerns (MASIC). We discuss features of the MASIC and provide the full measure in the Appendix. The MASIC is a behaviorally specific IPV/A screen that assesses various types of abuse (e.g., coercive control, stalking, physical violence) over the course of the relationship and in the past year. It is administered as an interview to build rapport and assesses lethality indicators and offers optional recommendations for procedural changes in mediation based on IPV/A. Although we have begun relevant research, it is important to note that the MASIC has not yet been validated. Nonetheless, we recommend the use of systematic IPV/A screens in family mediation and suggest that such measures may prove especially important in providing unrepresented parties a safe and appropriate environment for mediation.     

中国司法调解制度的历史传承与文化底蕴

中国的法院有以调解方式处理民事纠纷的传统,被西方国家称为“东方经验”。但中国的司法调解并非一成不变,在历史发展中可以划分为三个阶段：中国古代的司法调解,20世纪40年代以后大陆地区的司法调解,以及2004年以後以“调解优先、调判结合”为特点的司法调解。不同时期的司法调解,有不同的特点和文化底蕴。随着中国社会的发展和司法政策的演进,法院调解的某些做法也有必要从多角度进行检讨。     

关于科学构建“大调解”格局的几点思考

当前我国正处于社会经济发展的重要战略机遇期,利益格局调整加快,社会矛盾凸显,社会矛盾的敏感性、关联性、对抗性明显增强,有的转化为治安和刑事案件,甚至演变为激烈的群体性事件,严重影响了社会的和谐和稳定,党委政府应清醒认识当前形势,推进社会管理创新,从完善调解机制、明确调解责任、调解重心下移、调解责任追究和队伍建设等方面着手,科学构建多元化“大调解”格局,及时把矛盾纠纷解决在基层、解决在萌芽状态,以维护社会稳定、促进海峡西岸经济区建设。