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Just Court ADR

The blog of Resolution Systems Institute

Archive for November, 2011

Check out the New Draft Guidelines for Child Protection Mediation

Jennifer Shack, November 30th, 2011

Child Protection Mediation is a growing area of ADR with a track record of positive effects for families brought into the child welfare system. Now, new comprehensive guidelines have been created to help programs ensure that they abide by best practices.  The draft Guidelines for Child Protection Mediation were developed by the Child Welfare Collaborative Decision Making Network (CWCDMN), which is a combined effort of  the Association for Family and Conciliation Courts (AFCC), the National Council of Juvenile and Family Court Judges (NCJFCJ), the Werner Institute for Negotiation and Dispute Resolution at Creighton University School of Law, and the National Center for State Courts (NCSC).

For my part, I’m pleased to see monitoring and evaluation included in the guidelines, as well as very specific guidance on mediator training. The guidelines are open for comment until January 24, 2012. If you work in the child welfare system, I encourage you to take a look and send in your comments.

Why Mediation Cannot Replace Court

Heather Scheiwe Kulp, November 4th, 2011

Voluntary participation. It’s a core principle of mediation, as it structures an environment where self-determined settlement is possible. It’s also a primary distinction between mediation and litigation. Sure, a court can require parties to attend a mediation session. But, for an agreement to meet the needs of both parties and be sustainable, both parties’ participation must be voluntarily. A mediator may be able to report if you do not appear, but cannot—should not—make you participate. (more…)