Abstract:All mediation processes are constrained by their theoretical frameworks. A wider ecosystemic framework extends perspectives and can open new windows on family systems, interdisciplinary connections, and links between past, present, and future that shape decisions. While showing some similarities to family therapy, ecosystemic family mediation is a discrete process with clearly defined principles and boundaries. In practice, it needs to be tailored to the needs of the particular family, with special attention t… Show more
Couple conflict, which includes conflict over parenting practices, continues to be a topic of considerable interest to family therapists. Following parental separation, resolution or management of conflict over children has a special urgency. 'High-conflict' cases present some of the most complex systemic and clinical challenges. In this first of two related articles in this issue of ANZJFT, we set out key ideassome old, some newabout parental conflict from the divorce literature. We present Australian data on separated parents' reports, which found significant conflict at three different points in time after separation and consider the clinical implications. We suggest that while 'high conflict' has an intuitive feel as a descriptor for difficult post-separation disputes, it has limited utility as a blanket term to inform research and practice. The article acts as a conceptual backdrop to an earlier paper (Smyth & Moloney, 2017), in which we consider the dynamics of enduring 'high conflict. ' We suggest that these cases might be qualitatively different to those cases in which intensely felt disputes develop but then recede. We also suggest that amongst enduring 'high conflict' cases there are likely to be cases with especially challenging dynamics such as interparental hatred.
Key points1 'High-conflict' divorce cases continue to present complex systemic and clinical challenges. 2 Children's responses to being caught in the middle of ongoing high conflict almost invariably come at an emotional and developmental cost. 3 Divorce-related conflict is often complicated by the intersection of several overlapping and mutually reinforcing individual and systemic problems. These include mental health issues, substance/alcohol abuse, family violence, economic and other disruptive transitional stressors, as well as insensitive or poorly executed legal, dispute management, and therapeutic processes. 4 Australian data suggest that at three particular points in time during the first 5 years after separation, an average of one in eight separated parents report 'lots of conflict' in their post separation relationship, while about one in twenty describe their relationship as fearful. However, less than 5% of these parents reported staying in highly conflicted or fearful relationships at all the three points in time. 5 The above data suggest that the majority of separated parents who report 'lots of conflict' are likely to be struggling with relatively predictable, time-limited factors and stressors associated with separation and with normal separation-related grief processes. These issues are likely to be managed or resolved by paying close attention to the emotional as well as the practical drivers of the disputes. 6 As the accompanying article suggests, however, it is likely that the one in twenty parents whose disputes endure over 5 years are being challenged by more dysfunctional or more pathological processes, which can include the phenomenon of interparental hatred. We suggest that for most of these parents, the content of...
Couple conflict, which includes conflict over parenting practices, continues to be a topic of considerable interest to family therapists. Following parental separation, resolution or management of conflict over children has a special urgency. 'High-conflict' cases present some of the most complex systemic and clinical challenges. In this first of two related articles in this issue of ANZJFT, we set out key ideassome old, some newabout parental conflict from the divorce literature. We present Australian data on separated parents' reports, which found significant conflict at three different points in time after separation and consider the clinical implications. We suggest that while 'high conflict' has an intuitive feel as a descriptor for difficult post-separation disputes, it has limited utility as a blanket term to inform research and practice. The article acts as a conceptual backdrop to an earlier paper (Smyth & Moloney, 2017), in which we consider the dynamics of enduring 'high conflict. ' We suggest that these cases might be qualitatively different to those cases in which intensely felt disputes develop but then recede. We also suggest that amongst enduring 'high conflict' cases there are likely to be cases with especially challenging dynamics such as interparental hatred.
Key points1 'High-conflict' divorce cases continue to present complex systemic and clinical challenges. 2 Children's responses to being caught in the middle of ongoing high conflict almost invariably come at an emotional and developmental cost. 3 Divorce-related conflict is often complicated by the intersection of several overlapping and mutually reinforcing individual and systemic problems. These include mental health issues, substance/alcohol abuse, family violence, economic and other disruptive transitional stressors, as well as insensitive or poorly executed legal, dispute management, and therapeutic processes. 4 Australian data suggest that at three particular points in time during the first 5 years after separation, an average of one in eight separated parents report 'lots of conflict' in their post separation relationship, while about one in twenty describe their relationship as fearful. However, less than 5% of these parents reported staying in highly conflicted or fearful relationships at all the three points in time. 5 The above data suggest that the majority of separated parents who report 'lots of conflict' are likely to be struggling with relatively predictable, time-limited factors and stressors associated with separation and with normal separation-related grief processes. These issues are likely to be managed or resolved by paying close attention to the emotional as well as the practical drivers of the disputes. 6 As the accompanying article suggests, however, it is likely that the one in twenty parents whose disputes endure over 5 years are being challenged by more dysfunctional or more pathological processes, which can include the phenomenon of interparental hatred. We suggest that for most of these parents, the content of...
“…At first, structured mediation was created to resolve civil and economic disputes rather than divorce and family disputes that concentrate on adults' problems (Parkinson, 2019). However, some researchers have identified that family dispute resolution (FDR) produces better settlements than a legal method (Cleak, 2018;South West Sydney Legal Centre, 2010).…”
Section: Family Dispute Resolution In Australiamentioning
Settlement of dispute outside court is quite popular nowadays as it gives more advantages compared to litigation. Many mechanisms can be applied under the umbrella of Alternative Dispute Resolution (ADR) including mediation. Mediation is a suitable dispute settlement mechanism for family issues, where it seeks to preserve the close relationship. Family issues are something sensitive, as they involve children, maintenance, and matrimonial properties. The reason for recommending family mediation is to avoid the glare of publicity and keep the family disputes low-key and private. Discussion between the parties is confidential as to the terms of the settlements. This article discusses and explains the principles and process of mediation and how it is best applied in settlement of family disputes. It also highlights the need for a family court in Malaysia. Applying qualitative research methodology, this article managed to gather and analyse the meaning, concept, historical background, structure and application of mediation. This article comparatively analyses the practice of family mediation in Australia and New Zealand. Family mediation as practised in these two countries can be the reference for Malaysian government to learn from their experiences to establish a good and practical family mediation model in Malaysia.
“…Participacijo otrok v razvezni mediaciji kot osrednji predmet raziskovanja obravnavam v kontekstu modela ekosistemske družinske mediacije, ki temelji na interdisciplinarnem povezovanju teoretskih konceptov mediacije, družinskega prava in socialnega dela (Parkinson, 2019). Vlogo in pristop mediatorja v razvezni mediaciji utemeljujem na podlagi prepleta transformativnega modela, ki je usmerjen v podporo pri komunikaciji, in evaluativnega modela, ki je usmerjen v sklenitev mediacijskega dogovora.…”
Pregledni znanstveni članekPrispevek prek interdisciplinarnega povezovanja teoretskih konceptov mediacije, socialnega dela in družinskega prava prikaže vlogo otroka v mediaciji ob razvezi staršev. Mediacijski postopek mora kljub svoji neformalni naravi zagotoviti primerljivo raven varstva pravice otrok do participacije, kot ga lahko otroci pričakujejo od formalnih družinskopravnih postopkov. Pomemben korak k utrditvi položaja otrok v mediaciji je bil v slovenskem prostoru dosežen leta 2017 s sprejetjem Družinskega zakonika, ki mediatorju omogoča vključitev otroka v mediacijo. Ciljev participacije otrok v mediaciji je več: zagotavlja spoštovanje otrokove procesne pravice do izjave, omogoča raziskovanje otrokovega doživljanja razveze in spodbuja zaupno osebo, da krepi moč otroka. V prispevku sta ob upoštevanju slovenske normativne ureditve participativnih pravic otrok in mediacije predstavljena celovit koncept vključevanja otrok v mediacijo in njegova implementacija.
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