In the ongoing discussion of mediation versus collaborative law, what is becoming more apparent is the need for a hybrid approach for certain of cases that borrows from the best of both processes to meet the needs of complex and / or higher
conflict mediation cases.
Not exact matches
Dr. Kelly was Founder and Executive Director of the Northern California
Mediation Center for 20 years, and a mediator, forensic expert, custody evaluator, therapist, consultant, and Parenting Coordinator in high
conflict custody
cases.
When you and your spouse can not agree, and this is generally the
case in all divorces,
mediation is a forum where
conflict can be resolved with the help of a neutral third party.
So I very much believe that
mediation and I see high -
conflict cases work things out.
There are certain
cases in which
mediation and collaborative law may not be the best answer to resolve the
conflict such as in
cases of a domestic violence or an abusive situation.
This journey commenced with him taking the Certificate in Dispute Resolution with York University and then moving on to become involved with
Conflict Mediation Services of Downsview (CMS - D) located in the Jane and Finch area of Toronto, Canada as an intern, volunteer, mediator and
case manager to where he ultimately became the Director, Community Transformation Program.
In addition to this glimpse into the costs associated with these four dispute resolution processes, the CRILF - CFCJ report also highlights several interesting findings about lawyers» perceptions of the usefulness and suitability of collaboration, arbitration,
mediation and litigation for complex issues,
cases involving children, and for
cases that are high - or low -
conflict.
NEW WAYS FOR
MEDIATION ℠ More Structure, More Skills and Less Stress for Potentially High -
Conflict Cases
Dr. Kelly was Founder and Executive Director of the Northern California
Mediation Center for 20 years, and a mediator, forensic expert, custody evaluator, therapist, consultant, and Parenting Coordinator in high
conflict custody
cases.
Family
Mediation Service The main features of the Family
Mediation Service are as follows: a) The FMS is a free professional and confidential service for couples, married and non-married, who have decided to separate or divorce and who together want to negotiate the terms of their separation or divorce; b)
Mediation helps parties reach an agreement that meets their interests and those of their children; and c) The FMS also deals with a small number of
cases which involve
conflict between other members of a family (e.g. parents and children, grandparents and grandchildren on issues such as wills).
New Ways for
Mediation ℠: More Structure, More Skills and Less Stress for Potentially High -
Conflict Cases is available as a:
Vital information for all mental health professionals and child custody recommending counselors (CCRCs) who perform evaluations /
mediations and for legal professionals who handle custody
cases or high -
conflict dissolutions in Family Court.
The cost for each party to resolve
conflict with
mediation is $ 4,000 USD; the cost to go to litigation for each party is between $ 100,000 to 200,000 USD; and in
case of Arbitration is $ 25,000 USD.
Although
mediation services are often associated with family courts, many court systems use mediators to address a variety of legal
conflicts, including landlord - tenant difficulties and general civil
cases.
This is great in itself but we are also seeing a significant increase in high
conflict cases which would usually have gone straight to the CMS, some of whom qualify for legal aid and free
mediation but many of whom do not.
In over 25 years of working with high
conflict situations, the vast majority of our
cases have been resolved within
mediation.
But in most
cases it is preferable to avoid litigation and seek
mediation to resolve your
conflicts.
Parenting coordination is appropriate for high
conflict cases dealing with child - related issues, such as when there is a high rate of litigation, especially concerning the implementation of a custody order or parenting plan;
mediation has not been successful or has been deemed inappropriate; parents need assistance developing, modifying or implementing their parenting plan;...» (Fieldstone, et al, 2011).
However, in some
cases where the parents are not in a high degree of
conflict and are otherwise looking to reach a resolution, versus a court battle,
mediation can be effective.
This method can be used in family court (as a requirement prior to the court making any decisions),
mediation, collaborative divorce, pre-
mediation coaching, or even post-divorce with the assistance of a Parenting Coordinator or High
Conflict Case Manager.
He has developed methods for training high -
conflict parents to make reasonable decisions out of court (New Ways for Families: www.NewWays4Families.com); for training mediators to settle more high -
conflict cases out of court (New Ways for
Mediation) and for presenting concerning behavior patterns in court when necessary (HCI PatternViewer).
In the vast majority of
cases the
conflict is resolved in the 48 hour window prior to returning to
mediation.
SOLVEIG ERICKSON, MSW, Mediator,
Case Manager has worked at Erickson
Mediation Institute since 1994 and continues to enjoy the day - to - day adventures of helping people in
conflict.
Divorce
mediation is an effective way to resolve divorce or other family law
cases and
conflicts.
The Association for
Conflict Resolution requires a total of 60 hours of family
mediation training, 250 hours of face - to - face practice, 25 mediated
cases, two years experience as a mediator, and the submission of two agreements for acceptance as an Advanced Practitioner Member.
Role - plays are both «fish bowl» in which trainers demonstrate
mediation, and small group in which participants apply what they are learning in role - play
cases based upon actual
conflicts mediated by EMI.
Because litigation encourages acrimony, and
conflict, it's actually the high
conflict divorces and custody
cases that can benefit most from
mediation.
A practicing mediator and retired judge explains why
mediation may be a better option than litigation for high -
conflict divorce
cases.
discusses how
mediation might be a better option than litigation for high -
conflict divorce
cases.
Featuring experienced mediators and academics in
conflict theory and analysis; seminal readings about
conflict, disputing and
mediation; role plays;
case studies; exercises; class discussion; take - home assignments; and extensive resource information.
Keelin has mediated in Family and Workplace
cases where there is significant interpersonal
conflict, where there are allegations of bullying and harassment and / or where there is little or no communication between the parties when they present for
mediation.
Mediation Resolves
Conflict -
Mediation is surprisingly effective in many
cases, even when there is a difference in styles of communication and expression between the parties involved.
Parenting Coordination is a child - focused alternative dispute resolution process where a mental health or legal professional with
mediation training and experience helps parents in high
conflict court
cases.
Mediation is increasingly popular in divorce
cases because it helps to minimize
conflict, prevents the waste of judicial resources, and can help couples come to mutual agreements that are tolerable to both parties.