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A COMMENT ON WILLIAM J. HOWE AND HUGH MCISAAC'S ARTICLE “FINDING THE BALANCE” PUBLISHED IN THE JANUARY 2008 ISSUE OF FAMILY COURT REVIEW
Authors:Hon Leonard Edwards  Steve Baron  George Ferrick
Institution:1. Santa Clara County, California;2. Santa Clara University in the Department of Counseling Psychology and Education;3. California Administrative Office of the Courts’ Center for Families, Children & the Courts
Abstract:This article is a response to an article written by William Howe and Hugh McIsaac that questions their recommendations that court‐based mediation not be used when certain types of persons appear in court. We assert that it will be very difficult for the court to identify these people. Further, we argue that mediation practice has advanced so far that even these persons (those with serious issues of domestic violence, substance abuse, and mental health) should be given an opportunity to participate in mediation before being referred to the adversarial court process.
Keywords:mediation  family court  child custody
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