mediation process
DESCRIPTION
Caucus. Mediation Process. Dispute Occurs. Closure. Agreement . Pre-Mediation. Problem Solving. Introduction. Parties’ Opening Statements. Issue Development. Q. - PowerPoint PPT PresentationTRANSCRIPT
Introduction to the AFCC Child Welfare Mediation Guidelines
Kelly Browe Olson University of Arkansas at Little Rock Bowen School of Law
Frank E. Vandervort University of Michigan Law School
2 Agenda
Child Protection Mediation Process
Child Protection Mediation Guidelines
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Mediation
- An intervention into a dispute by an acceptable, impartial, and neutral third party who has no authoritative decision-making power, but who assists the disputing parties in voluntarily reaching their own mutually acceptable settlement of disputed issues in a non-adversarial setting.
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Benefits of Mediation
Everyone hears the same information
Shared understanding
Buy-in
Participation
Accountability
Hard to hide in the openAUGUST 2012NACC CW MEDIATION
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Mediation Process
DisputeOccurs
IssueDevelopment
Caucus
Agreement
Parties’ Opening
Statements
Introduction
Closure
Pre-Mediation
Problem Solving
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Some Different Goals of Mediation
To end this dispute on whatever terms the parties will accept
To improve communication and repair relationships
To help the parties make well-considered
decisions for themselves, regardless
of the settlement
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Role of Mediator
Goal—Empower the Parties
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To Help Parties
exchange information understand each other’s points of view
Negotiate
create, evaluate and select options
make informed decisionsbuild agreements
Role of Mediator
Create Structure
Maintain Focus
BeImpartial
Listen to All Parties
Identify and Frame Issues
Identify underlying interests/
needs
Include All Appropriate
Interests
Agent of Reality
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Goal—Facilitate case planning to protect the long-term best interests of the child
Possible Outcomes
Full settlement
Partial settlement
Case moved towards settlement
Parties communicated
Information exchanged
Issues clarified
Issues narrowed for court
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Possible Outcomes cont’d
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Relational issues resolved
Parties empowered
Working relationship established
Parties moved closer together
Parties moved further apart
No settlement of any type
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11 Guidelines
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12Judge Leonard Edwards, Past President of the NCJFCJ
“ CPM should be an integral part of every juvenile dependency court in the nation. From a judicial perspective it accomplishes a number of goals. Mediation saves court time; it produces better, more detailed, nuanced, and longer-lasting results than litigated cases; it creates a problem-solving atmosphere in the court environment (an atmosphere that better serves all parties); it engages the parents in the decision making process, thus making it more likely that they will follow any plan that they have helped draft; it reduces the time children remain in temporary care; and, finally, it shortens the time to permanency.
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13 Goals
Articulate the principles and philosophy that guide
effective CPM;
Provide program developers and managers
with a template for creating and evaluating successful
programs;
Offer a standard that can be taken to funders, court systems, child welfare
agencies, legislators, and others to promote high
quality services;
Help judges, social workers, lawyers, mediators and
other professionals evaluate their approach to
CPM and improve their skills and programs.
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14 Process
AFCC (Association of Family and
Conciliation Courts)• Support• Guidance
Planning Committee
Monthly
Phone
Conferences
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15 Process
Development Phase•Multi-jurisdiction
Contributions/Collaboration•Emphasizing Best Practices•Terminology and Practice Issues
Editing Phase•Preliminary & Final Drafts•Review•Final Version
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16 Child protection mediation (CPM) is a collaborative problem solving process
involving an impartial & neutral person who facilitates constructive negotiation
and communication among parents, lawyers, child protection professionals,
and possibly others, in an effort to reach a consensus regarding how to resolve issues of concern when children are alleged to be abused, neglected or
abandoned. NACC CW MEDIATION AUGUST 2012
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17 Section 3: Guiding Principles
An Inclusive Process
A Collaborative Process
A Timely Process
A Safe Process
A Confidential Process
An Ethical Process
A Supported Quality Process
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18 Section 4: Program Development, Design & Operation
Planning the Program Program Design and Operation
Cases and Timing of Referrals Participants
Roles of the Participants Time Allotted for Mediation
Mediation Communication
Privilege/Confidentiality
Mediator Assignment and Selection and Co-
Mediation
Agreements and Reporting Outcomes of
Child Protection Mediation
Program Funding and Institutionalization
Mediator Recruitment and Training
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19 Section 5: Conducting Child Protection Mediation
The Role of the Mediator
Conducting Child Protection Mediation in a Culturally Appropriate
Manner
Use of Interpreters
Mediation Safety and Capacity Power Imbalances
Maintaining Impartiality and
Neutrality and Avoiding Conflicts of Interest
Participant Preparation
Roles and Responsibilities of the Mediator: Conducting
the Session
Ending the Session
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20 The Rest of the Story
Section 6: Monitoring and Evaluation• Program Monitoring• Program Evaluation
Section 7: Other Collaborative Decision Making Methods
Section 8: Conclusion
Section 9: Glossary of Terms
Section 10: Selected Readings
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21Keys to CP/CW/Dependency
Neglect Mediation
Specific Family Focus
Communication
PerceptionAUGUST 2012
How do a family’s surroundings influence how they perceive the system & are perceived
by the system?
Information is noticed and sorted
automatically— outside of conscious awareness
PERCEPTION and PERSPECTIVE
AADRC COMMUNICATION TRAINING
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23Questions
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24 Thank you
For more information or a copy of the guidelines please contact:
Kelly Browe Olson [email protected]
Frank Vandervort [email protected] AUGUST 2012