Download or read book Divorced from Reality written by Jane C. Murphy and published by NYU Press. This book was released on 2015-06-26 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.
Download or read book Divorce and Family Mediation written by Jay Folberg and published by Guilford Press. This book was released on 2004-05-12 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.
Download or read book Resolving Family Conflicts written by Jane Murphy and published by Routledge. This book was released on 2017-03-02 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the contours of this paradigm shift in family conflict resolution and explores its implications for family law scholarship and practice. The interdisciplinary compilation includes contributions from lawyers, legal academics, social scientists and mental health professionals. As the articles in the volume demonstrate, the transformation in family conflict resolution holds considerable promise for disputing families, but it also raises a number of challenges. These challenges include concerns about the institutional competence of courts, the surrender of fact-finding and decision-making to individuals without legal training, the loss of autonomy and privacy for family members subject to continuing court oversight and the disjunction between problem-solving justice and authoritative legal norms. By exploring both the promise of the new paradigm and its potential pitfalls, this volume engages family law scholars and offers insights to judges, practitioners and policy makers responsible for serving families in conflict.
Download or read book Gender and Justice in Family Law Disputes written by Samia Bano and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How mediation and religious dispute-resolution mechanisms operate within diverse communities
Download or read book Mediation in Family Disputes written by Marian Roberts and published by Gower Publishing Company, Limited. This book was released on 1988 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution in North Carolina written by Jacqueline Clare and published by North Carolina Bar Foundatio. This book was released on 2008-07-08 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Edition e-book only
Download or read book Mediation in Family Disputes written by Marian Roberts and published by Routledge. This book was released on 2017-11-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.
Download or read book Renegotiating Family Relationships written by Robert E. Emery and published by Guilford Press. This book was released on 2012-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long recognized as the authoritative guide for clinicians working with divorcing families, this book presents crucial concepts, strategies, and intervention techniques. Robert E. Emery describes how to help parents navigate the emotional and legal hurdles of this painful family transition while protecting their children's well-being. The book is grounded in cutting-edge research on family relationships, parenting, and children's adjustment, including Emery's groundbreaking longitudinal study of the impact of divorce mediation versus litigation. It provides a detailed treatment manual for mediating custody and other disputes, developing collaborative parenting plans, and fostering positive postdivorce family relationships. New to This Edition *Reflects the latest psychological research, as well as divorce and custody law. *Chapters on understanding and addressing divorcing partners' anger and grief. *Treatment manual chapters have been extensively revised. *Incorporates the author's 12-year follow-up study.
Download or read book Mediation Program written by and published by . This book was released on 2001 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Family Dispute Resolution written by Peter Salem and published by Oxford University Press. This book was released on 2024-04-23 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Digital Family Justice written by Mavis Maclean and published by Bloomsbury Publishing. This book was released on 2019-12-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families. In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet. The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable?
Download or read book FAMILY DISPUTE RESOLUTION HANDBOOK written by BARBARA. LANDAU and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Family Mediation written by Jane C. Murphy and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of Family Mediation: Theory and Practice incorporates the many new developments in the field since its original publication in 2009. This edition includes a new chapter, 'Unrepresented Parties and Mediation', exploring the impact of the vast number of pro se litigants on the family mediation process. Another new chapter, 'Beyond Mediation: Collaborative Practice and Other Forms of ADR in Family Law', reflects the expanding options for family dispute resolution since our first edition. The new edition also includes an updated and expanded statutory appendix featuring representative changes in court based mediation rules and statutes, including new approaches to courts' treatment of domestic violence cases in family mediation as well as new rules on confidentiality and mediator qualifications and training. The remaining chapters are wholly revised and updated, including additional materials on mediating financial issues, domestic violence and mediation, mediator neutrality, and power differentials. The teacher's manual includes new seminar plans, exam questions and role plays.
Download or read book Family Mediation written by Lisa Parkinson and published by Family Law Publications. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation provides an alternative to litigation in the courts to resolve family disputes and/or make arrangements about children, finances, and other personal matters after separation or divorce. It is intended to reduce the time, cost, and stress involved by helping families reach long-lasting agreements in the best interests of all involved. The UK government is increasingly supportive of this form of dispute resolution and matrimonial lawyers need to be aware of how they can integrate mediation with their existing legal skills. Now in its second edition, this is an authoritative and practical guide which clearly explains the mediation process, taking the reader through each stage, explaining how to interact with other professionals, and providing invaluable advice on the role of the mediator in particular situations.
Download or read book Family Law Arbitration written by Carolyn Moran Zack and published by . This book was released on 2020-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Children Courts and Custody written by Andrew Schepard and published by Cambridge University Press. This book was released on 2004-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sample Text
Download or read book Online Family Dispute Resolution written by Elisabeth Wilson-Evered and published by Springer Nature. This book was released on 2021-01-12 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system. The family arena generally comprises property or child-related disputes arising between parents, whether married or not, and whether the parties have lived together or not. A special feature of Australia’s OFDR system is that it deals with children’s issues rather than focusing on property distribution. The book first discusses how technological innovations have transformed dispute resolution services to families. It explores the need for OFDR and how such systems can potentially be implemented. In turn, the coverage shifts to screening tools used prior to a Family Dispute Resolution session to ensure that online systems are appropriate for the case under dispute and the people involved. Readers will then learn about the necessary training required – for administrators, practitioners and clients alike - for OFDR to be successful. In addition, the book offers a comprehensive evaluation of the system and reflects on the lessons learned to date. In closing, it suggests ways in which OFDR could be further developed and applied to family disputes around the world.
