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Family Related Articles
Yes, Everything and the Kitchen Sink! - Six Rules for Establishing a Successful Postnuptial Agreement
by Rikk Larsen and Blair Trippe
The purpose of a postnuptial agreement is first – to identify those things that are making the relationship difficult and, second – to be sure both parties understand what they are, why they are problematic, and what specifically can be done about each discrete issue. The beauty of this kind of mediated agreement is that it allows you to include those things that have become important to you now that the honeymoon is long over. Mediation provides a safe forum to explore imaginative ways to deal with the issues with a view to developing alternative ways to approach them.
The Family Law Education Reform Report Completed
by Andrew Schepard - February 13, 2006
Does the law school’s family law curriculum adequately prepare future family lawyers for the challenges of practice? The Report’s answer is “not well,” a conclusion that requires reconsideration of the nature and purposes of legal education in an area central to the welfare of thousands of children and parents.
Imagine... A Collaborative Approach To Divorce
by Gary Direnfeld
There is a movement in family law whereby divorcing couples can sign agreements with lawyers to not go to court. More specifically, the process is known as Collaborative Family Law (CFL) and the agreement to not go to court is binding upon the lawyers, not the couple. If one or both clients are unsatisfied, either may still march the dispute to court. They will however have to find new lawyers.
Mediating Divorce Agreements
by Matthew McCusker
When looking at the multitude of contexts where mediation is now being utilized, divorce mediation stands out as one of the fastest growing fields. The courts have decided to place an emphasis on providing couples with the opportunity to fashion their own agreement, rather than asking judges to deduce acceptable terms.
Mediation: Reaching Its Potential In Family Law Cases
by Judge Nimfa Cuesta Vilches
Family law case mediation is a form of alternative dispute resolution in a private forum before a case is filed in court or a court-annexed one that is discussed in this article whereby an impartial person, a professional, or a judge in a two-court system helps parties define issues and have a plan to deal with them. A family case mediator sits down with people to discuss options and develop proposals to resolve a dispute. The mediator does not take sides. Every party attends the process and they make all the decisions. Mediation sessions are confidential.
Mandatory Mediation: Implications and Challenges
by Jeff D. Rifleman
Divorce Mediation. Mandatory Mediation. Good Faith Medation. Alternative Dispute Resolution. Arbitration. These are all terms and programs that contemporary judicial systems are using in attempts to reduce overfilled court dockets, costly trials and the time it takes for parties to resolve their differences. Are these programs just another way to resolve conflicts, or are they restricting access and rights to traditional court lititgation?
Draft Model Standards of Practice for Child Custody Evaluation
December 2005
The AFCC Task Force on Child Custody Evaluation Model Standards posted the Draft Model Standards of Practice for Child Custody Evaluation for comment on the AFCC Web site during the summer and fall of 2005. More than 300 comments were submitted and, as a result, the Task Force has made numerous changes to the Draft Model Standards.
The current Draft Model Standards are now posted at http://www.afccnet.org/about/child_cust_tf.asp.
The Task Force will be accepting additional comments through January 8, 2006. We encourage those who are interested to send comments. Information on how to submit comments is available on the Draft Model Standards.
How Children Contribute To Custody Disputes (Part I)
by Donald T. Saposnek, Ph.D.
Children's limited comprehension of the meaning and implications for them of their parents' breakup creates terrible confusion and emotional upset and generates characteristic attempts to cope with the disruption. However, the limited means they have for expressing their needs makes it difficult for their parents to accurately recognize and address those needs.
How Children Contribute To Custody Disputes (Part II)
by Donald T. Saposnek, Ph.D.
Children's limited comprehension of the meaning and implications for them of their parents' breakup creates terrible confusion and emotional upset and generates characteristic attempts to cope with the disruption. However, the limited means they have for expressing their needs makes it difficult for their parents to accurately recognize and address those needs.
Build Rapport to Facilitate Teen Behaviour
by Gary Direnfeld
When the relationship is spiraling out of control and parents find themselves at their wits end, the challenge is to rise above the animosity in favour of rebuilding the relationship. Harsher, more restrictive consequences will not bring the teen “under control”. Slowly and deliberately practicing rebuilding strategies can rekindle the relationship through which the parents may find increased influence to provide direction and guidance as opposed to “control”.
Who Started It Doesn’t Necessarily Matter!
by Gary Direnfeld
Sitting between parents in a high conflict situation with regard to custody and access issues is like watching the scarecrow in the Wizard of OZ. However, with separated parents they are both pointing at each other, each blaming the other for initiating and maintaining their conflict. In many instances, both have contributed to their mutual conflict and hence both feel justified at incriminating the other. Regardless of who started it, in many instances it is clear, they both maintain it. As a concept this is known as circular causality.
Are you thinking of MEDIATION to settle a parenting dispute?
by Gary Direnfeld
Whereas in court the parents are bound by the decision of the judge, in mediation the role of the mediator is to help parents communicate and determine their own solution to the parenting of the children – a mutual agreement.
Family Caregiver Mediation
by Karen Rice
This is the sequel to the my previous article on elder mediation. It explores family caregiver mediation. Caregiving is a rapidly increasing role for families, but it has been a popular topic of research for years.
Conflict Resolution Tips for Divorcing Couples
by Oran E. Kaufman
Mediation provides clients with a safe venue to discuss their divorce. Mediation however will not automatically undo years of ingrained behavior. Mediators and therapists can offer clients tools which will help them mentally and emotionally for the divorce process. Below are a few suggestions. At the end of this article, I have included a Conflict Self-Assessment tool as well as an outline of this article which you can give to clients engaged in the divorce mediation process.