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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘mediation’

In re Lee Part 1: A Child’s Best Interest Comes Second to Mediation Finality

Just Court ADR, October 9th, 2013

The mediation policy and ethics questions encountered in the recent Texas Supreme Court decision In re Lee are enough to fill several blog posts. Over the next few posts, we’ll look at the many policy implications of this remarkable decision. Topics discussed will include:

  • Should the finality of a mediated agreement trump changes for the child’s best interest?
  • In custody policy, do mediation and arbitration differ?
  • When there’s been no intimate partner violence, should settlements be irrevocable?
  • Who decides potential endangerment to a child?
  • What can judges do when parents in mediation act against their child’s interest?
  • When a mediated agreement sets rules over non-parties, what governs their enforcement?

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Is Getting It in Writing a Universal Best Practice?

Susan M. Yates, August 29th, 2013

The New Jersey Supreme Court recently ruled that agreement terms must be written and signed before the parties leave a mediation in order to be enforced. Experienced mediators are familiar with the push-pull at the end of a long mediation of whether to write up an agreement. On one hand, everyone wants to be done with the mediation and go home. On the other hand, writing enough so that the agreement is clear, and then signing that agreement, can forestall major problems down the line. Now, at least in New Jersey, what should be done is clear: if the terms are not written and signed, it will not be considered an enforceable agreement. (more…)

New Perspective on Domestic Violence and Mediation in Montana

Just Court ADR, April 26th, 2013

Should domestic violence survivors and their abusers ever undergo family court mediation together? This is one of the thorniest debates in the ADR community. This week, the Montana Legislature weighed in with a qualified “yes.” The legislature passed a bill to revise state mediation laws on domestic violence. The bill, HB 555, enables survivors to give informed consent to mediation, while requiring specialized training for eligible mediators. This reverses the state’s prior understanding, in which a suspicion of any past abuse between parties, whether physical, sexual, or emotional, created an “absolute bar” to any court-ordered mediation. The history of the Montana mediation rules captures the evolution of thought on this topic, from rule creation to court re-interpretation to legislative refinement. (more…)

Clients Choose Mediation Based on Mediator’s Words and Silences

Just Court ADR, February 4th, 2013

Recently, I had the good fortune to attend an outstanding webinar by Professor of Social Interaction Elizabeth Stokoe,  hosted by the National Association for Community Mediation (NAFCM). Professor Stokoe performs conversation analysis on interactions between mediators and parties. In her presentation, she discussed four common problems mediators may encounter during intake calls with potential clients who are involved in a neighbor-to-neighbor dispute. The problems can lead to the potential client rejecting the opportunity to mediate.

The four core problems that Professor Stokoe discussed are: (more…)

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