Family mediation is a member of the ADR or alternative dispute resolution family. [1] It forms one of the core pillars of mediation services provided globally.
Historically, it remains unclear where family mediation first evolved geographically. However, family mediation has been present in various forms in various cultures world-wide for thousands of years. [2]
The family-mediation system focuses on providing a dispute-resolution mechanism to families who are in dispute. Divorce mediation forms part of the family mediation tree of services. [3]
Modern-day family mediation is divided[ by whom? ] into two main fields - mediation and co-mediation. [4] In the former of the two fields a single mediator works with the family in dispute. In the latter of the two fields, two or more mediators work with a family in dispute. Mediations are completed by the use of either joint or single caucuses. In single caucuses the mediator/s caucus one party at a time. In joint caucuses the mediator/s work with all sides to the dispute present in the same session. The majority of family disputes have two sides - however, in family disputes between siblings it is not uncommon for several parties to become involved.
Family mediation is based on the same principles that apply in mediation generally;-
Family mediation is non-confrontational in nature and progressive. It encourages parties to focus on the future and problem solving strategies rather than the problems of the past. The process is also "child centered" whereby the parties are encouraged to make special provision for the needs of children where the subject parties of such mediations have childcare related issues.
Family mediation has evolved in both a public and private capacity worldwide in a number of countries. Organizations exist in the United States, [5] [6] The United Kingdom, [7] Australia, [8] New Zealand, [9] Italy [10] and Canada. [11]
In some jurisdictions the state or government fund or financially assist family mediation services.
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is conflict resolution through legal means.
Mediation is a negotiation facilitated by a third-party neutral. It is a structured, interactive process where an impartial third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties.
Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.
The American Arbitration Association (AAA) is a non-profit organization focused in the field of alternative dispute resolution, providing services to individuals and organizations who wish to resolve conflicts out of court, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. It is headquartered at the Equitable Building in New York City.
A caucus is a meeting or grouping of supporters or members of a specific political party or movement. The exact definition varies between different countries and political cultures.
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation. Avoiding litigation spares parties not only the financial and emotional costs of litigation but the uncertainty of how favorable or unfavorable a court's after-the-fact decision will be. Moreover, the agreement itself can authorize the employment of dispute-resolution methods, such as arbitration and mediation, that may be less costly than litigation.
John Thomas Dunlop was an American administrator, labor economist, and educator. Dunlop was the United States Secretary of Labor between 1975 and 1976 under President Gerald Ford. He was Director of the United States Cost of Living Council from 1973 to 1974, Chairman of the United States Commission on the Future of Worker-Management Relations from 1993 to 1995, which produced the Dunlop Report in 1994. He was also arbitrator and impartial chairman of various United States labor-management committees, and a member of numerous government boards on industrial relations disputes and economic stabilization.
Online dispute resolution (ODR) is a form of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
Conflict management is the process of limiting the negative aspects of conflict while increasing the positive aspects of conflict in the workplace. The aim of conflict management is to enhance learning and group outcomes, including effectiveness or performance in an organizational setting. Properly managed conflict can improve group outcomes.
Centre for Effective Dispute Resolution (CEDR) is a London-based mediation and alternative dispute resolution body. It was founded as a non-profit organisation in 1990, with the support of The Confederation of British Industry (CBI) and a number of British businesses and law firms, to encourage the development and use of Alternative Dispute Resolution (ADR) and mediation in commercial disputes. CEDR also provides independent alternative dispute resolution for consumers who have problems with traders. Professor Karl Mackie, a barrister and psychologist, became the organisation's Chief Executive and Eileen Carroll QC (hon), a Trans-Atlantic partner with a law firm joined to become the Deputy Chief Executive in 1996. On 12 June 2010 it was announced in the Queen's Birthday Honours that Karl Mackie was appointed a CBE by the UK Government for ‘services to mediation', the first citing of this reason for the award.
The Chartered Institute of Arbitrators is a professional organisation representing the interests of alternative dispute resolution (ADR) practitioners. Founded on 1 March 1915, it was granted a royal charter by Queen Elizabeth II in 1979.
Mediation in Australia, as a form of mediation, involves understanding the role that culture plays in the multi-cultural society of Australia. Cultural differences often exist due to race and ethnicity, but can also arise from religion, gender, age, sexual orientation and disabilities. Major concerns in cross-cultural dispute resolution include perceived power imbalance—often escalated by communication difficulties, misconceptions, negotiation behaviour, face-saving and the publicity surrounding the dispute.
Diana L. Mercer works in the field of divorce mediation and is the founder of Peace Talks Mediation Services in Los Angeles, California. Mercer is also the co-author of Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce..
Organizational conflict, or workplace conflict, is a state of discord caused by the actual or perceived opposition of needs, values and interests between people working together. Conflict takes many forms in organizations. There is the inevitable clash between formal authority and power and those individuals and groups affected. There are disputes over how revenues should be divided, how the work should be done, and how long and hard people should work. There are jurisdictional disagreements among individuals, departments, and between unions and management. There are subtler forms of conflict involving rivalries, jealousies, personality clashes, role definitions, and struggles for power and favor. There is also conflict within individuals – between competing needs and demands – to which individuals respond in different ways.
Construction law is a branch of law that deals with matters relating to building construction, engineering, and related fields. It is in essence an amalgam of contract law, commercial law, planning law, employment law and tort. Construction law covers a wide range of legal issues including contract, negligence, bonds and bonding, guarantees and sureties, liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, quantity surveyors, architects, carpenters, engineers, construction workers, and planners.
Frank E. A. Sander was an American professor emeritus and associate dean of Harvard Law School. He pioneered the field of alternative dispute resolution and is widely credited with being a father of the field in the United States as a result of his paper, The Varieties of Dispute Processing, presented at the Pound Conference in 1976 in Minneapolis, Minnesota. Sander's book, Dispute Resolution: Negotiation, Mediation, and Other Processes, which he coauthored with Stephen B. Goldberg, Nancy H. Rogers, and Sarah Rudolph Cole, is used in law schools throughout the United States.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
Lawrence E. Susskind is a scholar of conflict resolution and consensus-building in urban planning. He is one of the founders of the field of public dispute mediation and is a practicing international mediator through the Consensus Building institute. He has taught at the Massachusetts Institute of Technology since 1971, where he is Ford Professor of Environmental Planning.
Lawyer-supported mediation is a "non-adversarial method of alternative dispute resolution (ADR) to resolves disputes, such as to settle family issues at a time of divorce or separation, including child support, custody issues and division of property".
Edward Kruk is a Canadian sociologist and social worker. He has conducted internationally recognized research on child custody, shared parenting, family mediation, divorced fathers, parental alienation, parental addiction, child protection, and grandparent access to their grandchildren. Kruk is an associate professor of social work at the University of British Columbia. He is the founding president of the International Council on Shared Parenting.
Co-mediation provides mediators with a system of checks and balances.