Family Evaluation in Child Custody Mediation, Arbitration, and Litigation PDF Download

Author: Richard A. Gardner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 712

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Author: Richard A. Gardner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 408

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Book Description
The book discusses the psychodynamic processes by which prolonged child custody litigation causes psychological damage to both children and their parents, the alternative methods for resolving custody conflicts, mediation, psychotherapeutic approaches of the treatment of children and parents who have been traumatized by protracted custody litigation and proposals for change in the legal system.

Author: Peter Salem
Publisher: Oxford University Press
ISBN: 0197545920
Category : Psychology
Languages : en
Pages : 633

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Book Description
Over the last 50 years family justice systems in the United States and elsewhere have evolved from a predominant adversarial approach focused on litigation to the significant integration of more collaborative, settlement-oriented approaches, especially mediation. In Family Dispute Resolution: Process and Practice some of the field's leading practitioners, researchers, teachers, and policymakers provide an overview of the modern family dispute resolution processes designed to help separating and divorcing parents make decisions about the future of their families. Chapters in this book address the growth of divorce mediation and other specialized processes including parenting coordination, arbitration, child-inclusive mediation, and online dispute resolution. They describe how to work with families experiencing issues including domestic violence, high conflict, substance misuse, and the lack of legal representation. Case management initiatives and special issues, including social science research and conflicting standards of practice, are also explored. Family Dispute Resolution provides a wide-ranging look at contemporary family dispute resolution processes and is essential reading for everyone interested in learning more about working with separating and divorcing families, including professionals, and law and graduate students.

Author: Jane C. Murphy
Publisher: NYU Press
ISBN: 0814708935
Category : Family & Relationships
Languages : en
Pages : 227

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Book Description
"Over the past thirty years, there has been a dramatic shift in the way the legal system approaches family disputes. Traditionally, family disputes were resolved through an 'adversary' system: opposing parties appealed to a judge who determined which party was at fault and how the marital assets - including the children - should be divided. Now, many family courts are opting for a 'problem-solving' model in which courts attempt to restructure families by resolving both legal and nonlegal issues. At the same time, American families have changed dramatically. Divorce rates have slowed, while the number of children born and raised outside of marriage has increased sharply. Grandparents and same-sex partners care for children, and more fathers seek an active role in their children's lives. As a result, families in today's court system have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current 'problem-solving' model fails to address the realities of today's families. While today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties - a model that fits poorly with the realities of today's disputing families. And courts may no longer be the best place for families in conflict. To serve the families it is meant to help, the legal system must adapt and reshape itself"--Unedited summary from book jacket.

Author: BARBARA. LANDAU
Publisher:
ISBN: 9780433495369
Category :
Languages : en
Pages :

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Author: Howard H. Irving
Publisher: SAGE Publications
ISBN: 1452247064
Category : Social Science
Languages : en
Pages : 487

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Preface by Hugh McIsaac Family mediation has quickly become a significant means of legal dispute resolution, recognized in most North American jurisdictions as a relief to already overburdened judicial systems. Using an innovative practical approach, the authors of Family Mediation incorporate the pivotal principles of family therapy into this new context--the judicial realm of family mediation. The practice model--therapeutic family mediation--thoroughly treats history, specific issues, and practice in an ecosystemic approach and responds to feminist critique of mediation. In addition, the authors offer important perspectives on mediating with multicultural populations and the role of the mediator in child custody disputes and child protection cases. Through examination of family mediation research as well as helpful case history vignettes, the authors of this volume take action to fill significant gaps between family therapy and mediation. Family Mediation provides a new take on family mediation that will benefit not only professionals and researchers in family studies, social work, clinical psychology, and sociology but also professional and volunteer mediators, conciliation court personnel, and family law specialists. "Family Mediation is an excellent blend of scholarship and practice, and it is the best of the books I have read on family mediation. First, it is clear and well written. Second, it provides an in-depth, current review of the divorce literature. The literature on divorce is large, uneven, and difficult to interpret. The authors have done a service to the profession by skillfully reviewing and integrating this literature." --Stephen J. Bahr, Brigham Young University "This book is one of the most comprehensive and well-researched texts on mediation to date. The authors have compiled an immense array of information regarding the history of family mediation, the practice and knowledge base, a review of literature regarding divorce, the principles of mediation, gender and cultural issues, elements in a child custody dispute, sharing parenting, cultural issues, and the use of mediation in dependency, and they include an excellent summary of research conducted. . . . Of particular value is the enormous scope of the review of literature and the work of others, not only in Canada but also the United States, Australia, and Great Britain, underscoring the international nature of this transformation. What Howard H. Irving and Michael Benjamin have done is chart a major shift in the handling of conflict and they have done it very well." --Family and Conciliation Courts Review "Howard H. Irving and Michael Benjamin have surveyed and summarized an immense amount of material within the covers of this volume, presenting it in a clear, readable style. It is one of the rare texts on mediation that does justice to the complexity of families generally and families in North America particularly--to their diversity of culture, to the scope of feminist thought and gender differences, and to the ranges of social class. Their attention to divergent forms of mediation and differences in practice across jurisdictions is broadly sighted. An excellent choice for a text in mediation." --Mary A. Duryee, Family Court Services, Alameda County, Oakland, CA "Howard H. Irving and Michael Benjamin grapple with what is the most difficult event that confronts almost half of all modern families--divorce. Historically, the developmental issues and problems surrounding divorce have been solved in the courts. But modern-day courts are overwhelmed by an avalanche of divorce cases, more than a million a year, and are unable to meet the needs of separating parties. Family Mediation offers a fundamentally different approach from the conventional legal system. The empirical research and clinical experience Irving and Benjamin bring to bear on this subject have resulted in the seminal work in this area. This delightful and thoughtful book is a must for the modern mediation practitioner who works with families and children." --Duncan Lindsey, Professor, UCLA, and Editor-in-Chief, Children and Youth Services Review "This book is unique in providing a complete overview of relevant subject areas for family mediation under one cover. Its writing is timely because it dispels some of the myths in the rapidly expanding field of family mediation. . . . Family Mediation is a comprehensive text that follows the development of family mediation through the present and concludes with the predictors of future directions. It is perhaps the most thorough critical review of the literature pertaining to family mediation and develops an inclusive practical model of practice for practitioners. The book is readable . . . responsible, and of interest to family mediators and the family law lawyers who work closely with them. It may become a must as a background for the novice family mediator about to embark on a course of training." --Laurel Pearson, McWhinney, Metcalfe, and Associates, Toronto, Canada

Author: Marc J. Ackerman
Publisher: Wolters Kluwer
ISBN: 0735549265
Category : Law
Languages : en
Pages : 1116

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Emotionally charged issues abound in matrimonial practice, especially in custody disputes. Expert testimony can have a dramatic impact on the outcome of a case, and when matters are highly sensitive or sensational the seeming objectivity of an expert can be dispositive. To effectively reinforce or question that testimony, certain specialized knowledge is essential. Scientifically accepted standards and theories are constantly evolving. Keeping up with the data had been a challenge, but one integrated resource has made it simple. Aspen Publishers’ Psychological Experts in Divorce Actions pulls all the research together into the definitive guide to understanding the role of psychological evaluations in divorce and custody actions. Focused on providing the best approach to protecting your client’s interests, this work explains all the leading testing instruments,what conclusions may be drawn and how to challenge or support those conclusions. In addition to offering effective examination and cross-examination strategies, it assists you in handling the gamut of psychological factors that affect clients in divorce and custody cases. Authors Marc J. Ackerman, Ph.D ., and Andrew W. Kane, Ph.D ., are licensed psychologists who have been involved in hundreds of custody cases. Drawing on their extensive experience—testing parties to a divorce and treating psychological patients in the clinic—and as psychological experts in the courtroom, they identify the most important psychological evaluation research used in divorce and custody decision-making and distill the information into clear terms lawyers can readily apply.They also examine vital issues including: Ethics —confidentiality, privilege, duty to warn or protect (Tarasoff), sharing raw data, test integrity Sexual abuse —bona fide or fabricated allegations, psychological effects of sexual abuse, profiles of abuser and abused Testing —personality tests (including MMPI-2, And The new MMPI-2-RF, Rorschach,Millon,TAT); intelligence tests (Wechsler scales,Kaufman scales, Stanford Binet); custody tests (ASPECT, PCRI, PASS, BPS); and many more How divorce affects families —custody, placement, age and gender differences, grandparents, sexual preference, psychological problems

Author: Richard A. Gardner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 392

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Author: Michael G. Brock
Publisher: Charles C Thomas Publisher
ISBN: 0398078106
Category : Law
Languages : en
Pages : 160

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"Contemporary Issues in Family Law and Mental Health is an original and practical discussion of cutting-edge issues in family relations and the law. Through the prism of family law, and custody disputes in particular, it discusses the basic principles that underlie the proper use of mental health evidence in court and it sets out the proper use of mental health evidence in litigation. In this book of twenty chapters, Michael G. Brock and Samuel Saks discuss many important topics: Facilitative and evaluative mediation, case preparation versus the expert witness, the privilege and ethics of forensic practice, therapy court, valid and invalid scientific evidence, false allegations of abuse, parental alienation, child advocacy, mental health forensics, and child therapy. In addition, the effect of the amendment to the Michigan Rule of Evidence 703 on expert testimony in court is examined, as well as the forensic interviewing protocol in child abuse cases, science and technology, and the search for truth. In several chapters, the authors also describe the problems involved in establishing child abuse in the courts. The book also includes the elements of child custody evaluations, the use of the polygraph test, and when child abuse constitutes malpractice. This engaging book will enrich the literature on family law and mental health. It will help shed light on the challenges and pitfalls that surround the use of mental health evidence in court."--BOOK JACKET.

Author: Robert E. Emery
Publisher: Guilford Press
ISBN: 1609189817
Category : Psychology
Languages : en
Pages : 257

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Book Description
Long recognized as the authoritative guide for clinicians working with divorcing families, this book presents crucial concepts, strategies, and intervention techniques. Robert E. Emery describes how to help parents navigate the emotional and legal hurdles of this painful family transition while protecting their children's well-being. The book is grounded in cutting-edge research on family relationships, parenting, and children's adjustment, including Emery's groundbreaking longitudinal study of the impact of divorce mediation versus litigation. It provides a detailed treatment manual for mediating custody and other disputes, developing collaborative parenting plans, and fostering positive postdivorce family relationships. New to This Edition *Reflects the latest psychological research, as well as divorce and custody law. *Chapters on understanding and addressing divorcing partners' anger and grief. *Treatment manual chapters have been extensively revised. *Incorporates the author's 12-year follow-up study.