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Archive for the ‘Family’ Category

Wisconsin Assembly Considers Bill that Would Require Proposed Parenting Plans to Be Submitted Before Mediation

Nicole Wilmet, May 28th, 2019

In Wisconsin, in any family law cases, including cases where legal custody or physical placement is contested, parties are required to attend at least one session of mediation. If the parties are unable to reach an agreement during this initial mediation session (or if mediation has been waived due to hardship or safety concerns), the parties are then required to file a parenting plan with the court. These parenting plans are required to contain a variety of information including the type of legal custody or physical placement sought, the child support and maintenance needed, as well as information on the parent’s current residence, employment, how the child’s medical expenses will be paid, and a proposed holiday placement schedule for the child.

The Wisconsin Assembly recently introduced a bill that would modify the parenting plan requirements and the timeline for mediation. Under the proposed legislation, each party would be required to submit a proposed parenting plan at least ten days prior to the initial mediation session. As a result, under this new schedule, mediators would discuss the content of these proposed parenting plans with the parties during their initial mediation session. The proposed bill also makes changes to the required contents of the parenting plans. Under the proposed bill, parenting plans would no longer be required to include information on the type of child support and maintenance sought or contain information about how the child’s medical expenses will be paid. Instead, the proposed bill would require parenting plans to include specific details about the various costs expected to be incurred by or on behalf of the child. In a recent video, Representative Robert Brooks and Senator Lena Taylor further discuss this bill, as well as four other proposed bills that address child custody and support.

Reflecting on RSI Focus Groups in Washington, DC

Susan M. Yates, March 1st, 2017

Last week I had the honor of accompanying Jennifer Shack, RSI’s remarkable Director of Research, to Washington, DC. Jen is the principal investigator on an RSI evaluation of the child protection mediation program[1] in the DC Courts. I came along to facilitate the focus groups that are part of the evaluation. Each of the focus groups brought together a distinct group of lawyers who participate in mediation regularly: Guardians ad litem, lawyers for parents and prosecutors. The focus groups provided insight into how differing interests shape how mediation is perceived.

I found that my mediation skills, honed over many years, made it easy to shift into the role of focus group facilitator. Asking open-ended questions, encouraging everyone to participate and keeping the conversation moving were all familiar. Unlike mediation, the group didn’t have a goal of reaching agreement and I found that to be kind of liberating! What was more surprising to me was that it was difficult to remove my trainer/teacher “hat.” When a participant made a comment based on a misunderstanding of mediation, I had to resist the urge to engage in a conversation to educate the participant about mediation.

The groups of lawyers came from very different perspectives and often had different goals for mediation. (more…)

“Uniform Family Law Arbitration Act” Update

Susan M. Yates, October 17th, 2016

The Uniform Family Law Arbitration Act has been finalized by the Uniform Law Commission and the full version with commentary is now available. You can find the final version of the act and other information on it here.

If you want to learn more about the act, the American Bar Association Family Law Litigation Committee is sponsoring a telephonic “roundtable” about it on November 4, at 12:00 pm – 1:00 pm Eastern. The roundtable is free and open to anyone, including non-ABA members, but you have to register for it using the following link: https://form.jotform.com/62504543364150.

The speakers for the roundtable have all been deeply involved in the creation of the model act. They include Barbara A. Atwood, Chair of the Family Law Arbitration Drafting Committee, Uniform Law Commission; Kaitlin A. Dohse, Legislative Counsel, Uniform Law Commission; and Linda H. Elrod, Reporter for the Family Law Arbitration Drafting Committee, Uniform Law Commission.

The Uniform Law Commission describes the need for the act and its intended results as follows: “States’ laws vary when it comes to arbitrating family law matters such as spousal support, division of property, child custody, and child support. The Uniform Family Law Arbitration Act standardizes the arbitration of family law. It is based in part on the Revised Uniform Arbitration Act, though it departs from the RUAA in areas in which family law arbitration differs from commercial arbitration, such as: standards for arbitration of child custody and child support; arbitrator qualifications and powers; protections for victims of domestic violence. This Act is intended to create a comprehensive family law arbitration system for the states.”