The Role of Family Mediation in Parental Conflict: Cautions in the Contexts of Family Violence

The Role of Family Mediation in Parental Conflict: Cautions in the Contexts of Family Violence

admin Custody, Gender Biases, Judicial Decision Making, Legal, Parenthood, Parenting Plans, Parenting Time, Quality vs. Quantity, Relocation, Rights of the Child, Shared Parenting

Family mediation should be used as an alternative method of resolving disputes of a privileged nature in the area of family conflicts. These are endowed with emotional characteristics that make them more suitable to another context than the judicial forum, especially parental struggles. And, at the same time, they are of a human complexity that require a different analysis in the context of mediation. Not all family and/or parental conflicts will be susceptible to mediation, and the courts will maintain all its relevance. However, the advantages of a self-composition method are increasingly visible, in the search for a solution that responds to the interests and desires of those who, in the past, shared another dynamic, in an experience of proximity and intimacy. And, at the same time, need to continue to bond as co-parents. It is important to reiterate the idea that family mediation is not a perfect formula that will resolve all family disputes. It is a better place to address and settle some of these conflicts taking into consideration that the will of the parties works as a proposition. Naturally, the need for the judicial system in family matters is not at all overlooked or ignored. It is emphasized that for some of these conflicts there is a more appropriate alternative. If the disputants reach by themselves an agreement, it is only natural that they comply with it. As a result, although it is a friendly solution, it will be more binding than a decision imposed by a third party with the power to do so. Nevertheless, it is questionable whether a couple that went through episodes of violence could be eligible for family mediation. Can one feel completely free to expose his/her thoughts when there were episodes of physical and/or psychological violence in the relationship? At the same time, some argue that mediation can mend some fences and help restore self-confidence using different techniques such as empowerment. There is some obvious ambiguity in this matter. It is important to identify which are the arguments used in this divergence and what national and international guidelines and legal framework – such as Istanbul Convention – postulate on this matter. Keywords: family mediation, domestic violence, family conflicts, alternative dispute resolution, shared parenting, parental responsibilities [1] Visiting Assistant Professor of the School of Law, University of Minho; Researcher of JusGov – Research Centre for Justice and Governance. [2] Associate Professor of the School of Law, University of Minho; Researcher of JusGov – Research Centre for Justice and Governance.

Rossana Cruz, PhD

Rossana Cruz
Phd in Law; Visiting Assistant Professor – Law School of University of Minho (PORTUGAL) and School of Management, IPCA (PORTUGAL); Researcher at JusGov- Research Centre.

(Co-Presenter Cristina Dias)

Cristina Dias, PhD

Phd in Law; Associate Professor and Dean – Law School of University of Minho (PORTUGAL); Director of the Master Course on Child, Family and Inheritance Law on Law School of University of Minho; Researcher at JusGov- Research Centre.

(Co-Presenter is Rossana Cruz)

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Conference Conclusions ICSP 2020

admin Children's Well-being, Custody, Gate-keeping, Gender Biases, Judicial Decision Making, Parental Alienation, Parenthood, Parenting Plans, Parenting Time, Quality vs. Quantity, Relocation, Research, Rights of the Child, Shared Parenting, Social Capital

Edward Kruk, PhD Dr. Edward Kruk is Associate Professor in the School of Social Work at the University of British Columbia, President of the International Council on Shared Parenting, and Co-chair of the Scientific Committee of the Fifth International Conference on Shared Parenting. His research and teaching are focused on child and family policy and practice, and he has published …

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Dr. Emma Fransson - The living conditions of children with shared residence – the Swedish example

The living conditions of children with shared residence – the Swedish example

admin Custody, Legal, New Evidence, Parenting Time, Rights of the Child

Among children with separated parents, shared residence – i.e., joint physical custody where the child is sharing his or her time equally between two custodial parents’ homes – is increasing in many Western countries and is particularly common in Sweden.

Plenary Session - Plenary Speakers Panel Discussion Day 2

Plenary Session – Plenary Speakers Panel Discussion Day 2

admin Children's Well-being, Consensus Report, Custody, Gate-keeping, Legal, New Evidence, Parental Alienation, Parenthood, Parenting Plans, Parenting Time, Quality vs. Quantity, Relocation, Research, Rights of the Child, Shared Parenting, Social Capital

Facilitator: Prof. Donald Hubin Ohio State University, USA

Speakers:
Dr. Michael Lamb Cambridge University, UK
Prof. Edward Kruk ISCP President, University of British Columbia, Canada
Dr. Malin Bergström Karolinska Institute, Sweden
Prof. Hildegund Sünderhauf Lutheran University of Applied Sciences Nuremberg, Germany
Prof. Patrick Parkinson University of Sydney, Australia
Dr. William Austin Child Custody Services, USA

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Plenary Speakers Panel Discussion - Facilitator - Prof. Donald Hubin - Day 1

Plenary Speakers Panel Discussion – Facilitator – Prof. Donald Hubin – Day 1

admin Children's Well-being, Consensus Report, Custody, Gate-keeping, New Evidence, Parental Alienation, Parenthood, Parenting Plans, Parenting Time, Quality vs. Quantity, Relocation, Research, Rights of the Child, Shared Parenting, Social Capital

Facilitator:
Prof. Donald Hubin Ohio State University, USA

Speakers:
Dr. Richard Warshak University of Texas Southwestern Medical Center, USA
Dr. Irwin Sandler Arizona State University, USA
Dr. Kari Adamsons University of Connecticut, USA
Dr. Sanford Braver Arizona State University, USA
Dr. Pamela Ludolph University of Michigan, USA
Dr. William Fabricius Arizona State University, USA
Dr. Linda Nielsen Wake Forest University, USA

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Dr. William Fabricius - Three Studies of Parenting Time- evidence of harm and protection

Three studies of parenting time: evidence of harm and protection

admin Children's Well-being, Parenting Time, Research

Dr. William Fabricius Arizona State University, USA I will present findings from three new studies of parenting time. 1. Infant Overnights:: When children were under 1 year of age, as well as when they were 2, more overnights with fathers up to and including 50% of overnights at both parents’ homes were associated with better long-term mother-child and father-child relationships …

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Joint physical custody vs. sole physical custody: Outcomes for children independent of parental conflict and income

admin Children's Well-being, Parenting Plans, Parenting Time, Research, Shared Parenting

Is joint physical custody (JPC) where children live with each parent at least 35% of the time linked to any better or worse outcomes for children than sole physical custody (SPC)? In what situations is JPC linked to worse outcomes? To what extent are children’s outcomes linked to their parents’ incomes and levels of conflict? When parents do not have low conflict, collaborative co-parenting relationships, are children better off if one parent has sole physical custody or if parents have shared physical custody? In 40 of 50 studies JPC children had better outcomes on measures of behavioral, emotional, and physical well-being and better relationships with parents and grandparents. In 4 studies the outcomes were equal. In 6 studies on some measures certain groups of children had worse outcomes. In all 35 studies that controlled for family income or parental conflict, JPC was linked to better outcomes. In the 20 studies that compared JPC and SPC parents’ levels of conflict at the time of separation or in subsequent years, JPC parents did not have significantly more cooperative or lower conflict relationships. Higher conflict and poorer co-parenting were not linked to worse outcomes for children in JPC than in SPC families. JPC was linked to worse outcomes when children had poor relationships with their fathers or had poor relationships with both parents while simultaneously being caught in the middle of high conflict.