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871.
Forrest S. Mosten 《Family Court Review》2015,53(3):439-448
Unbundling, also known as limited‐scope representation, has been adopted by judges, the organized legal profession, and divorcing parties. Unbundling is a legal access approach to better and more affordably serve unrepresented divorce litigants as well as to assist overburdened and underfunded courts. This article will focus on another critical benefit of unbundling: the ability of divorcing professionals to provide information and support to divorcing families to help reduce family conflicts. This article shall discuss four unbundled peacemaking roles that lawyers can play: (1) Collaborative Lawyer; (2) Lawyer Coach for Self‐Represented Litigants; (3) Lawyer for Mediation Participants; and (4) Preventive Legal Health Care Provider.
- Key Points for the Family Court Community:
- Overview of limited‐scope lawyering roles
- Impact of unbundled representation on peacemaking
- Best practices of noncourt lawyering
872.
The Interdisciplinary Settlement Conference: A Grassroots Alternative for Resolving High‐Conflict Parenting Disputes in Lean Times
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This article describes a court‐connected alternative dispute resolution program, the Interdisciplinary Settlement Conference. The key feature of this program is the participation of two volunteer panelists, one a family law attorney and the other a mental health professional experienced in parenting disputes, who assist the judicial officer in working with the parties and their attorneys (if any) to reach a resolution of their parenting dispute. Significantly, in addition to addressing the parties’ legal issues, the panelists also address the parties’ psychological and emotional issues relevant to the dispute on an as‐needed basis. Findings from six years of experience with the program are discussed, including evidence of high satisfaction with the program, a high rate of settlement, a decrease in relitigation, and a concomitant savings of scarce judicial resources. 相似文献
873.
874.
Mary Ballou Charity Tabol Dorcas Liriano Kim Vazquez‐Nuttall Christine Butler Beverly W. Boorstein Sheila McGovern 《Family Court Review》2007,45(2):274-286
Probate and family court judges are increasingly called upon to make rapid decisions regarding the continuance of restraining orders. These decisions are often made without the benefit of adequate background information or an awareness of which psychological and behavioral factors are most relevant. This action‐oriented research project develops a model that brings psychosocial factors to consideration for judges making decisions regarding the continuance of restraining orders. While further evaluation of the model is needed, the project's unique methodology highlights the value of interdisciplinary collaboration, multiple methods of inquiry, and the consideration of real‐world needs and constraints in developing decision‐making tools. 相似文献
875.
John Chesterman 《Australian Journal of Public Administration》2008,67(4):419-429
This article examines the dearth of any representative Indigenous role in national Indigenous affairs policy‐making and suggests a remedy. After making the case for a specific Indigenous place in national policy‐making, the article considers the reasons for the failure of the Aboriginal and Torres Strait Islander Commission (ATSIC), the body that filled this brief for a decade and a half. The article then considers three possible ways of ensuring an Indigenous role in the policy‐making process: a replacement for ATSIC with specific policy powers; set seats for Indigenous representatives in federal parliament; and the creation of a new elected body whose role would be to review Indigenous affairs legislation. The article concludes that the latter proposal in particular is worth trialling as it would ensure a significant Indigenous voice in national policy‐making while learning from the mistakes that led to ATSIC's demise. 相似文献
876.
This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia, focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce the centrality of children's rights and needs in family court proceedings. The Less Adversarial Trial and its front‐end Child Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of a litigation process by application of a more intensive case management model adopted with the intention of altering the parents’ experience of the journey. Key features of this approach include the adoption of inquisitorial techniques, which include direct consultation with children through the CRP, modified application of the rules of evidence, and strong judicial management rather than being party driven. Findings from two studies into the pilot Children's Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidence is outlined around the capacity of the new processes to impact on both the co‐parenting and parent–child relationships and to influence short‐term adjustment of complex families in high‐conflict dispute. In encouraging a more active focus on children's needs and views and by facilitating a stronger voice for children in proceedings that affect them, both initiatives advance Australia's commitments under the United Nations Convention on the Rights of the Child. 相似文献
877.
RESEARCH SUMMARY: This article examines the growth in marijuana misdemeanor arrests in New York City (NYC) from 1980 to 2003 and its differential impact on blacks and Hispanics. Since 1980, the New York City Police Department (NYPD) expanded its use of arrest and detention for minor offenses under its quality-of-life (QOL) policing initiative. Arrest data indicate that during the 1990s the primary focus of QOL policing became smoking marijuana in public view (MPV). By 2000, MPV had become the most common misdemeanor arrest, accounting for 15% of all NYC adult arrests and rivaling controlled substance arrests as the primary focus of drug abuse control. Of note, most MPV arrestees have been black or Hispanic. Furthermore, black and Hispanic MPV arrestees have been more likely to be detained prior to arraignment, convicted, and sentenced to jail than their white counterparts. POLICY IMPLICATIONS: In light of the disparities, we recommend that the NYPD consider scaling back on MPV enforcement and reducing the harshness of treatment by routinely issuing Desk Appearance Tickets when the person is not wanted on other charges, so that most MPV arrestees would not be detained. Furthermore, we recommend that legislators should consider making smoking marijuana in public a violation and not a misdemeanor. Lastly, we suggest ways that NYC could monitor the effectiveness of these policy modifications to assure that the city continues to meet its goals for order maintenance. 相似文献
878.
The article presents the challenges of introducing a ‘shared‐power’ community‐based management approach in the socialist society of Vietnam. The Portland State University (PSU)'s Oregon Environmental Management Alliance partnered with Vietnamese organisations in a shared‐power pilot project aimed at strengthening stakeholder participation in environmental improvements in two communities along the Tan Hoa‐Lo Gom (THLG) canal in Ho Chi Minh City (HCMC). The Oregon Solutions model, a community‐based environmental management (CBEM) approach, was adapted for the shared‐power project. This article analyses three core ingredients of the shared‐power CBEM approach: multiple stakeholder structure, dispersed authority arrangements and diverse policy instruments. Critical reflections are offered on the meaning and appropriateness of these shared‐power ingredients when they are reinvented in Vietnam's politically guided governance system. Copyright © 2007 John Wiley & Sons, Ltd. 相似文献
879.
This article examines the circumstances in which the Reagan administration began to rethink its support of the Pinochet dictatorship in Chile and shift toward advocating a return to democratic civilian rule. It argues this shift was closely related to calculations that US interests might best be served by severing ties with the incumbent regime, but only so long as two vital interrelated issues were resolved to Washington's satisfaction: the nature of the movement likely to inherit political power, and the survival of key institutions of the autocratic Chilean state. To the extent that the incoming government did not portend a challenge to existing constitutional and economic arrangements, and to the extent that the ‘old’ military – the perceived ultimate guarantor against any kind of radical transformation – was in a position to survive the transition with its power and prerogatives intact, a ‘regime change’ could be supported, and even actively promoted. These twin concerns shaped and influenced a US commitment to democracy in Chile that was more contingent than principled, reflected in the constraints US policymakers imposed upon themselves in regard to the types of pressures they were prepared to apply to achieve their preferred outcome. 相似文献
880.