"The process of managing divorce and separation-related disputes has branched out in many directions over the last 60 years. In the 1960s, divorce was fault-based, strictly regulated by the courts, and limited process options existed. A contested divorcetypically followed a combative path of lawyer orchestrated negotiations and litigation. Outcomes were frequently predictable as parties bargained in the shadow of the law (Mnookin & Kornhauser, 1978); typically, sole legal and physical custody for the mother and alternate weekend visitation, and child support and alimony obligations for the father. Some progressive family courts employed counselors who conducted investigations or home studies in contested custody disputes, or who met with parents to attempt to reconcile the marriage. These family court service agencies proved fertile ground for a less divisive and more collaborative approach, although such efforts were hampered while an admission of wrongdoing remained a legal requirement for divorce (Brown, 1982)"--
Family Dispute Resolution brings together some of the field's leading practitioners, researchers, teachers, and policymakers to share their expertise and experience. This overview of family dispute resolution processes and practices is designed to help professionals who assist separating and divorcing parents make decisions about the future of their families. It is essential reading for legal and mental health professionals in the field and law and graduate students who intend to work with separating and divorcing families.
Over the last 50 years family justice systems in the United States and elsewhere have evolved from a predominant adversarial approach focused on litigation to the significant integration of more collaborative, settlement-oriented approaches, especially mediation. In Family Dispute Resolution: Process and Practice some of the field's leading practitioners, researchers, teachers, and policymakers provide an overview of the modern family dispute resolution processes designed to help separating and divorcing parents make decisions about the future of their families.
Chapters in this book address the growth of divorce mediation and other specialized processes including parenting coordination, arbitration, child-inclusive mediation, and online dispute resolution. They describe how to work with families experiencing issues including domestic violence, high conflict, substance misuse, and the lack of legal representation. Case management initiatives and special issues, including social science research and conflicting standards of practice, are also explored.
Family Dispute Resolution provides a wide-ranging look at contemporary family dispute resolution processes and is essential reading for everyone interested in learning more about working with separating and divorcing families, including professionals, and law and graduate students.
Recenzijas
An all-star group of experts, headlined by editors Peter Salem and Kelly Browe Olson, make Family Dispute Resolution: Process and Practice a must-read for family law professionals, students, and anyone interested in making divorce more child friendly. This wide-ranging collection includes chapters on a myriad of innovative dispute resolution techniques and highlights critical topics like working with high-conflict couples, diversity concerns, and research support and needs. Highly recommended for practitioners, students, or anyone with a serious interest in alternative dispute resolution." * Robert E. Emery, PhD, University of Virginia * This superb book is an essential read for both students and practitioners in family mediation. It covers the field comprehensively, including the newest developments. Each chapter is authored by an experienced individual or team, summarizes research and theory, and offers practical and balanced counsel." * Nancy H. Rogers, Professor Emeritus, The Ohio State University Moritz College of Law * It is an essential guide for experienced practitioners in particular-lawyers or mental health professionals with dispute resolution training or experience. The book will remind them why they were drawn to this work in the first place and rejuvenate their practices in unexpected ways. * Hilary Linton, Slaw * There are so many chapters in this book that I am excited about, but I have to say that I found the section on Culture Diversity and Family Dispute Resolution to be especially helpful in giving practitioners a basis and vocabulary to work with. * Zena Zumeta, Mediate *
Section I: Introduction
Chapter 1: Family Dispute Resolution: Toward a Differentiated Approach to Family Justice
Peter Salem, Kelly Browe Olson, and Abby White
Section II: Mediation
Chapter 2: Family Mediation
Peter Salem and Bernard Mayer
Chapter 3:Child Inclusive Practice in Divorce Mediation and Allied Contexts
Jennifer McIntosh
Chapter 4: A Mediation Model for Self-Represented Parties
Susan Hansen, Casey Holtz, and Michael Dwyer
Section III: Beyond Mediation - Family Dispute Resolution Processes
Chapter 5: Parenting Coordination
Barbara Fidler and Annette T. Burns
Chapter 6: Online Dispute Resolution for Family Disputes
Colin Rule
Chapter 7: Early Neutral Assessment and Evaluation as a Settlement Process
Kathleen McNamara
Chapter 8: Helping Low-Income, Unmarried Parents With Parenting Time
Jessica Pearson and Nancy Thoennes
Chapter 9: Arbitrating Family Law Disputes
Barbara Ann Atwood
Chapter 10: Parenting Plan Evaluations as a Resolution Tool
Sol R. Rappaport
Chapter 11: The Case for Evidence-Based Parent Education Programs in Family Dispute Resolution Irwin Sandler, Karey O'Hara, Sharlene A. Wolchik, and Peter Salem
Section IV: Critical Challenges in Family Dispute Resolution
Chapter 12: Managing Intractable Conflict in Shared Parenting Arrangements
Robin Deutsch and Matthew Sullivan
Chapter 13: Intimate Partner Violence and Family Dispute Resolution: Coercion, Capacity, and Control
Kelly Browe Olson
Chapter 14: Working With Clients With High Conflict Personalities
Bill Eddy
Chapter 15: Substance Use Disorders: A Primer for Family Dispute Resolution Practitioners
Stephanie Tabashneck, Leslie Drozd, and Jeffrey A. Soilson
Section V: Collaborative Advocacy
Chapter 16: Early Negotiation Processes
John Lande
Chapter 17: The Evolving Role of Lawyers in Family Dispute Resolution
Carolyn Wilkes Kaas and Beth Fawver McCormack
Chapter 18: Child Participation and Child Advocacy: Integrating Children's Voices and Interests in Family Dispute Resolution
Stacey Platt and Laura Matthews-Jolly
Chapter 19: Limited Scope Representation: An Important Tool and Peacemaking Catalyst for Family Dispute Resolution
Forrest S. Mosten
Section VI: Culture, Diversity, and Family Dispute Resolution
Chapter 20: Integrating Issues of Culture in Family Dispute Resolution
Gitu Bhatia
Chapter 21: Dispute Resolution Challenges for Families With a Child With Special Needs
Robert L. Kaufman and Daniel B. Pickar
Chapter 22: Gender and Sexual Orientation Matters
Allan Edward Barsky
Section VII: Family Dispute Resolution and the Courts
Chapter 23: Case Management in the Family Courts: Differentiating Legal and Mental Health Services to Assist Families
Michael Saini
Chapter 24: Court and Community Planning for Family Dispute Resolution: The Case for an Integrated Model
Andrew Schepard, Marsha Kline Pruett, and Peter Salem
Chapter 25: Implementing ODR in Family Court: Insights from the First Neutral Program Evaluation in the United States
Jennifer Shack and Donna Shestowsky
Chapter 26: The Family Resolutions Specialty Court: A Multidisciplinary Problem-Solving Approach
Marsha Kline Pruett, Linda S. Fidnick, and Noelle Barrist Stern
Section VIII: Special Issues in Family Dispute Resolution
Chapter 27: Social Science Research in Family Dispute Resolution: Evidence-Base and Missing Confirmation
Marsha Kline Pruett and Ellie A. Briskin
Chapter 28: Confidentiality and Privilege Considerations in Family Dispute Resolution
Gregory Firestone
Chapter 29: Dealing With Multiple Codes of Conduct: A Guide for Ethical Decision-Making When Guidelines Collide
Arnold T. Shienvold
Peter Salem is the Executive Director of the Association of Family and Conciliation Courts. He previously taught mediation at Marquette University Law School and served as director and mediator of Mediation and Family Court Services in Rock County, Wisconsin. He has provided training and consultation to family courts throughout the United States.
Kelly Browe Olson is a Professor and Mediation Clinic Director at the UA Little Rock Bowen School of Law where she teaches mediation, negotiation, family law, and domestic violence courses, and oversees a state-wide Special Education mediation project. She serves on the Arkansas Access to Justice and Parent Counsel Commissions and trains and consults with dependency/neglect mediation programs across the United States.
