Family Dispute Resolution Research Articles

Community Policing Problem Solving in Security Enhancement in Gasabo District, Rwanda

In Rwanda, the aftermath of 1994 genocide against Tutsi, the security situations were critical and the government adopted mechanisms such as community policing as a strategy for security enhancement. However, the country still struggles with insecurity challenges despite the introduction of community policing. The purpose of this study was to examine the influence of problem solving on security enhancement in Gasabo District, Rwanda. The study adopted mixed methodology approach and the concurrent triangulation design. The study targeted approximately 139,358 household heads of Gasabo District, 73 Community Policing Committee (CPC) chairpersons, 15 Community Liaison Officers, and 260 Police Officers. The study sampled 576 household heads for quantitative data whereas the CPC chairpersons, Community Liaison Officers, Police Officers and Opinion leaders were used for qualitative data. Multistage sampling technique was used to select the participants. Questionnaire, interview guides and discussion guides were used to collect data. The findings indicated that problem solving had a positive and significant influence on security enhancement. The study concludes that problem solving contributes significantly to security enhancement. The study recommended the need for RNP to strengthen the problem solving for security enhancement. In particular, the institution should focus on enhancing the following problem-solving components: night patrols, focus on vulnerable community members, resolving family disputes, proactive arrests to solve criminal activities, and adopting technological trends. Keywords: Community policing, problem solving, security enhancement

The dignity of terminally ill children in pediatric palliative care: perspectives of parents and healthcare providers

BackgroundThe Chochinov Dignity Model was developed based on a cohort of adult patients with advanced cancer, but its role among dying children is not clear. This study aims to develop a model of dignity for children receiving pediatric palliative care based on the Chochinov Dignity Model.MethodsThis is a descriptive qualitative study. Participants included a total of 11 parents and 14 healthcare providers who were recruited from a tertiary children’s hospital in Beijing and the Pediatric Palliative Care Subspecialty Group of the Pediatrics Society of the Chinese Medical Association using purposive sampling. Thematic framework analysis was used to analyze data.ResultsThe themes of the empirical Dignity Model were broadly supported in this study, but some themes were interpreted differently in the child population. Compared with the original model, some child-specific themes were identified including acknowledging regret, a sense of security, the company of important loved ones, realizing unfinished wishes, decent and dignified death, resolving family disputes, and fairness.ConclusionsThis is the first study on Dignity Model for terminal children. Knowledge of children’s dignity can promote reflection of healthcare providers and caregivers regarding the values underlying their performance in pediatric palliative care, and develop certain practical interventions to strengthen children and their families’ sense of dignity at end of life.

Role of Equity in Resolving Family Disputes in Vietnam

<p>隨著越南社會經濟的快速發展，家庭糾紛日益複雜，出現新的法律問題或新類型的糾紛。這對法院提出了重大挑戰，因為成文法無法跟上社會的變化。因此，2015年最新的越南民法典擴大了民法之法源，包括法律條文、法律類推適用、民法基本原則、習慣法、裁判先例和衡平原則（公平原則）。為配合此一重大進展，2015年民事訴訟法亦承認了一項新原則，即法院不得以沒有適用的法律規定為由拒絕解決民事糾紛。越南法院最近以衡平原則來支持其判決中的推理者，不在少數。通過分析幾起著名的家事事件，作者認為衡平原則毋寧已逐漸成為解決家庭糾紛的重要法源。首先，衡平原則有助於解明和補充現行立法中未明確規定的法律問題。其次，衡平原則可以填補現行立法的漏洞，幫助法院針對新型糾紛提出創造性的解決方案。但在實踐中，法院對於適用衡平原則和受理第一印象事件仍猶豫不決。本文的結論是，越南法院現在應該更有信心地在解決家事事件時運用衡平原則，以增加獲致司法正義的機會。本文還強調，適用衡平原則的需要並非越南獨有，而且於不斷變化和不確定的世界中，這種需要是普遍存在的，因為成文法永遠無法預見和管轄所有私法關係。</p> <p> </p>

Necessity of Online Dispute Resolution (ODR) in Family Matters and Legal Implementation of Online Court System

Technology is transforming Alternative Dispute Resolution (ADR). Defying long-held assumptions that developing empathy, broadening understanding, and coming up with solutions are only possible in person, effective approaches for assisting in the resolution of the growing number of arguments that have developed online have emerged. Technology has become the "fourth party" in settling disputes, thanks to the developing field of Online Dispute Resolution (ODR), which includes the use of technology and computer-mediated communication (CMC) in negotiation, mediation, arbitration, and other dispute resolution processes. ODR is being used by courts in numerous countries for family-related matters. The expectations and duties that are placed on the ODR community and its practitioners are examined in this research, which uses a qualitative technique. In particular, the study emphasizes the importance of ODR in resolving family disputes, critical moral standards for the technology used in ODR, and critical moral standards for the technology used in ODR, and makes suggestions for how Pakistan's judiciary can enhance its current online court model to facilitate greater access to justice and speed up the entire adjudication process. The paper also offers ideas on how the judicial system might continue to disseminate information with integrity, quality, and promptness.

EXAMINING THE EFFECTIVENESS OF UNION COUNCILS IN SAFEGUARDING FAMILY RELATIONSHIPS: A CASE STUDY OF PAKISTAN

Family relationships are the foundation of society. They provide us with love, support, and a sense of belonging. However, family relationships can also be fragile. They can be strained by conflict, abuse, and neglect. In Pakistan, where traditional family values are strong, there is a growing concern about the breakdown of family relationships. Union councils (UCs) are local government bodies that have been given a mandate to safeguard family relationships. They are responsible for resolving family disputes, providing mediation services, and promoting awareness of family laws. However, there is little research on the effectiveness of UCs in fulfilling this mandate. In Pakistan, the institution of family holds immense cultural and social significance

THE ROLE OF MUTUAL RECOGNITION IN HYBRID MEDIATION OF FAMILY-RELATED CRIMINAL DISPUTES

Having regard to contemporary concepts of law it is easy to notice that many of them emphasize the role of communication and dialogue in law. Such dialog is based on mutual understanding or at least recognition of needs. The paper is an attempt to combine legal and social philosophy with theory and practice of mediation (mainly post-judgment mediation), including author's own experience as a mediator. The paper presents an interdisciplinary (within the legal sciences) approach, as it refers to both criminal and family law, to theory and practice of mediation and to legal theory and philosophy.First part of the paper deals with a selected type of mediation - post-sentence mediation in family and criminal cases. It shows both their hybrid nature and the pros and cons for mediation in such cases. The latter one refers to the theory of recognition, provided in the conception of law as communication.The theoretical and indirect aim of the article is to describe the recognition theory of A. Honneth against the background of the meta-need for recognition as a starting point for successful mediation. The direct and practical purpose is to emphasise the link between mediation (in general) and the recognition achieved through it and (in particular) with resolution of family disputes involving criminal elements.The paper is based on the relevant literature, legal provisions and complementarily police and mediation statistics. The paper is dominated by the logico-linguistic method, although some conclusions results from participant observation, i.e. the author's own mediation practice.As a conclusion, it was emphasised that the legal element is often only the 'tip of the iceberg' in disputes arising from family life, which, occasionally, determine the disputes governed by criminal law, and in such cases mediation serves as a multidisciplinary tool to achieve or restore mutual recognition and dignity.In its intention, the study is intended to imply both a better understanding of both the hybrid nature of mediation in family related criminal disputes and as well the role not to be underestimated of the non-legal element of recognition in their resolution. This, in turn, may have both theoretical implications (looking at family related criminal mediation not from the point of view of a discrepancies between branches of law, but through a holistic perspective) and practical implications (using mediation strategies and techniques to address the need for mutual recognition).

Where the wild things are: the challenges and opportunities of the unregulated legal services landscape in family law

AbstractThis paper connects two trends in contemporary legal scholarship that do not often intersect, namely commentary on the increasingly diverse nature of family law advice and support services, and calls for a refresh of the regulatory environment in which legal services in general are provided. Focusing on the law and landscape in England and Wales, we argue that regulatory challenges are particularly acute in the field of family law, where the range and reach of services provided by non-lawyers is extraordinary. We illustrate how particular aspects of debates over regulating and diversifying legal services apply to the family law context, noting that such concerns as there are have not always been well targeted. Finally, we identify a sub-set of innovative ‘extra-legal’ services that set private family law even further apart from other sub-fields of law when it comes to regulatory and professional challenge. These services clearly sit inside the landscape of family dispute resolution but equally clearly fall outside the boundaries of what is usually considered ‘legal’. This, we suggest, highlights the need for a concerted effort to define the contours of family law and family legal services so that a holistic approach might be taken to understanding and managing the standards and effectiveness of different service and support types.

The Role of the Commissioner for Children's Rights in Providing Assistance in Resolving Family Disputes About Children (On the Example of the Irkutsk Region)

The article describes the content of the activities of the Commissioner for Children's Rights in the Irkutsk region on issues of assistance in resolving family disputes. Statistical information for 2017-2021 is analyzed, revealing the structure of the topic and the reasons for appeals to the regional children's Ombudsman, taken from annual reports on the observance of the rights and legitimate interests of children in the Irkutsk region. It emphasizes terminological diversity and absence of basic legal concepts and principles, vagueness of their formulations in the Russian legislation regulating intra-family relations such as «child», «child interest», «the principle of the presumption of good faith of parents», «family disputes». The main conclusions of the review of judicial and legal practice in family cases related to the determination of the child’s place of residence when parents are separated, the manner of communication and participation in his or her upbringing are presented. The significance of family mediation in the settlement of family disputes has been disclosed, as has the attitude of the State and society towards its inclusion as an obligatory procedure in Russian legislation. The article analyses the foreign experience of the development of the institute of family mediation and the main tendencies of its development, the effectiveness of the Ombudsmen for the Rights of the Child in foreign countries depending on the model of establishment of their position. The destructive role of gatekeeping in resolving family disputes about children has been shown, the possibility of training a social work specialist as a professional mediator has been substantiated, The article analyses performance of a unique role of the family mediator of the Commissioner for the Rights of the Child in the Irkutsk region due to its specificity of legal and social status in the process of work on appeals of citizens on family disputes about children.

The main tendencies in the development of procedures for resolving disputes regarding the determination of the child's place of residence

The article is devoted to the evolution of procedures for resolving disputes between separated parents regarding the determination of the place of residence of their child(ren). The article reflects the peculiarities of resolving disputes between parents concerning children, which took place at the main historical stages in the territory of modern Ukraine.
 The author emphasizes the necessity of using historical and legal experience in the regulation of family relations and resoling family conflicts.
 The author reiterates that historical and legal analysis of family relations` regulation and the development of the procedure for resolving family disputes is carried out with the aim of understanding and applying historical and legal experience, identifying the main basis of views in Ukrainian society on the fundamental provisions on which relationship between parents and children are based, as well as a legal procedure of determination of the child's place of residence.
 The article shows main features of the judiciary and the resolving disputes regarding the determination of the child's place of residence, which correspond to different historical periods from Scythia to the reсоvery of Ukraine's independence at the present stage. In particular, attention was paid to the periods of existence of the patriarchal and matriarchal order in the family life, the development of the rights of the child, the discovery of his interests, the development of the court system and civil judiciary.
 It is proposed to single out the stages of evolution of the rules of civil procedure and standards of family law, which regulated and still regulate the procedure of the determination of the place of residence of a minor child on the territory of Ukraine.

Post-separation parenting apps in the hands of family law practitioners: expectations versus experience

Abstract Post-separation parenting apps are an alternative to mainstream digital communication (e.g. text and email) for separated parents. They vary in cost and features, generally incorporating a messaging tool, shared calendar, expense tracker, and the ability to export records for legal purposes. While often recommended in the context of family law, evidence for efficacy and safety is lacking. This study sought insights from family law professionals about the value of post-separation parenting apps in high-conflict cases. Thirty family mediators, known in Australia as Family Dispute Resolution Practitioners, role-played pairs of high-conflict separated parents using one of 10 popular post-separation parenting apps. After completing a set of common co-parenting tasks, dyadic interviews and focus groups were used to discuss their observations. Overall, practitioners expressed disappointment with the apps. Key themes included potential individual differences in separated parents’ technical skills, time availability, and intentions towards app use. Usability challenges specific to the tested apps were also identified. Rather than simplifying interactions for separated parents, these combined contextual variables were thought likely to contribute to frustration and inter-parental conflict. As a result, practitioners in the study resolved to be far more cautious with app recommendations for high-conflict clients.

Mediation as an Alternative Mechanism to Resolve Family Disputes in Malaysia: A Comparative Analysis with Australia and New Zealand

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.

Family Dispute Resolution Practitioners’ Subjective Experience and Attitude on Compulsory Family Mediation in Australia

Abstract The goal of this research is to examine the advantages and limitations of compulsory family mediation (CFM) as well as to understand subjective experience and attitude towards CFM from the perspective of family dispute resolution practitioners in Australia. The qualitative research method was chosen for this research. Information was collected using the semi‐structured interview method. The data analysis method was based on inductive thematic analysis. In completion of the data analysis, 4 main themes were identified: CFM is better option for conflict resolution, limitations caused by factors outside of the process, mediators create safe space to process disputes & emotions, the benefits of CMF on mediators. Findings of this study suggest that the practice of CFM is worth being embraced and that there are benefits to be had from an increased use of compulsory family mediation, both for families and legal system in Australia. The practitioners are optimistic of compulsory family mediation, which they believe will enhance society’s quality of life. CFM also has benefited mediators’ personal lives by strengthening their personal values and beliefs, and how they perform their jobs as family mediators.

Towards a more uniform approach to parenting coordination in South Africa

Because of the need to mitigate the damage done to children by chronic conflict between co-parents after divorce or family breakdown, the process of parenting coordination has been embraced by South African courts. In terms of the process, a parenting coordinator will first attempt to facilitate resolution of the parenting disputes by agreement of the parties, but if this attempt fails, the parenting coordinator has the power to make directives regarding the disputes which are binding on the parties until a competent court directs otherwise or the parties jointly agree otherwise. Although parenting coordination has flourished over the past decade, there still seems to be uncertainty and a lack of uniformity about various aspects regarding the process and the role and functions of a parenting coordinator. First of all, we have the Guidelines on the Practice of Parenting Coordination in South Africa (SA Guidelines), drafted by a task team of the National Accreditation Board for Family Mediators (NABFAM) to provide guidance for parenting coordinators concerning minimum qualifications, ethical obligations and conduct, practice and procedure, and children’s participation in the process. In addition, the South African Law Reform Commission published the draft Family Dispute Resolution Bill, 2020, which deals with the process of parenting coordination in Chapter 7. Very importantly, we also have various court decisions dealing with parenting coordination in South Africa, which provide some guidance. However, the SA Guidelines, the provisions of Chapter 7 of the Bill and our court decisions are not always aligned and provide different answers to important underlying theoretical questions about various issues, such as the circumstances under which a parenting coordinator should be appointed; the issues that could be dealt with by a parenting coordinator; whom to appoint as a parenting coordinator; the approach to be followed in the parenting coordination process; the inclusion of children in the parenting coordination process; the nature of the parenting coordination process; confidentiality in the process; and a parenting coordinator’s relationship with the court and the parties’ legal representatives. A lack of consensus regarding these issues has given rise to diverse practices among professionals and confusion for all involved in the parenting coordination process. This article therefore endeavours to provide more clarity and certainty on these issues, taking international best practice into account.

Towards a more uniform approach to parenting coordination in South Africa

Because of the need to mitigate the damage done to children by chronic conflict between co-parents after divorce or family breakdown, the process of parenting coordination has been embraced by South African courts. In terms of the process, a parenting coordinator will first attempt to facilitate resolution of the parenting disputes by agreement of the parties, but if this attempt fails, the parenting coordinator has the power to make directives regarding the disputes which are binding on the parties until a competent court directs otherwise or the parties jointly agree otherwise. Although parenting coordination has flourished over the past decade, there still seems to be uncertainty and a lack of uniformity about various aspects regarding the process and the role and functions of a parenting coordinator. First of all, we have the Guidelines on the Practice of Parenting Coordination in South Africa (SA Guidelines), drafted by a task team of the National Accreditation Board for Family Mediators (NABFAM) to provide guidance for parenting coordinators concerning minimum qualifications, ethical obligations and conduct, practice and procedure, and children’s participation in the process. In addition, the South African Law Reform Commission published the draft Family Dispute Resolution Bill, 2020, which deals with the process of parenting coordination in Chapter 7. Very importantly, we also have various court decisions dealing with parenting coordination in South Africa, which provide some guidance. However, the SA Guidelines, the provisions of Chapter 7 of the Bill and our court decisions are not always aligned and provide different answers to important underlying theoretical questions about various issues, such as the circumstances under which a parenting coordinator should be appointed; the issues that could be dealt with by a parenting coordinator; whom to appoint as a parenting coordinator; the approach to be followed in the parenting coordination process; the inclusion of children in the parenting coordination process; the nature of the parenting coordination process; confidentiality in the process; and a parenting coordinator’s relationship with the court and the parties’ legal representatives. A lack of consensus regarding these issues has given rise to diverse practices among professionals and confusion for all involved in the parenting coordination process. This article therefore endeavours to provide more clarity and certainty on these issues, taking international best practice into account.

“We make new families:” findings from a family court mediation study

AbstractMediation was brought into family court cases as a divorce litigation alternative. Today, parents are not only encouraged but mandated across most U.S. states to consider mediation before further court action can be taken. Research has not kept up with understanding how publicly mandated and subsidized mediation services become part of court cases and possible case resolution. This article reviews how mediation has evolved from outside alternative to family court “workhorse” within a family dispute resolution paradigm centered on shared parenting as in the best interest of children. Research results from a family court mediation program are presented to highlight how parents encountered and responded to mediation as an embedded part of today's family dispute resolution paradigm/court system. Especially in cases that keep coming back to court, family dispute resolution has become a means of “making family” as much as supporting family separation. Implications for practice include limitations of a mediation service as provided in an under‐resourced court and ultimate reliance upon parents to uphold the best interest standard through ongoing co‐parenting interactions.

Remote family dispute resolution services for COVID and post-COVID times: Client and practitioner perspectives.

In 2020, residents in the state of Victoria, Australia endured months of government restrictions aimed at curbing multiple outbreaks of COVID‐19. Family Dispute Resolution (FDR) services continued to assist separating couples to sort out their parenting and property matters, necessitating a rapid and wholesale shift to remote delivery via telephone and video conferencing. This paper reports on interviews during and subsequent to ‘lockdown’ with clients of FDR services offered by a large, community‐sector provider. The data collected provide insights into the ways in which the pandemic affected the immediate needs and concerns of families as they navigated separation and shared parenting during the pandemic. Of importance to service development, the data include client responses to different methods of FDR service delivery and their reflections on how well these evolving methods were suited to their needs. Practitioner views were also sought on service delivery methods to provide a comprehensive picture of the advantages and challenges of remote delivery, and the ways in which it helped or hindered in catering to the needs of clients with safety concerns. Collectively the results of these analyses indicate that COVID has produced new risks and opportunities for the provision of FDR services, in both COVID and post‐COVID worlds. The evolving FDR service model will likely continue to feature multiple delivery options, regardless of the trajectory of the pandemic.

FCR special issue on Covid-19 pandemic.

FCR special issue on Covid-19 pandemic.

Religious Authority and Family Dispute Resolution among Moroccan Muslims in the Netherlands

Abstract The article aims to provide an insight into how ‘ordinary’ Muslims look for workable solutions to family and marital disputes in line with their cultural and religious values. More specifically, it looks into the informal processes of reconciliation (sulh) with the assistance of imams of local mosques, primarily among Muslims with Moroccan roots in the Netherlands. Relevant questions that are addressed are: What types of disputes are settled within the (religious) community? Who are the authorities involved? How do they obtain, claim or create authority? Why do Muslim women and men choose these processes over formal litigation? What do they hope to gain from these processes? And what kind of solutions are offered to disputants?

Triaging and Mediating to Meet the Needs of Families Under The Family Dispute Resolution (Pilot Project) Act of Manitoba

The Family Dispute Resolution (Pilot Project) Act of Manitoba (“FDRA”) creates a three-year pilot project which will mandate the resolution of certain family disputes outside of the courts. Under the FDRA, “resolution officers” will be responsible for triaging families into these alternative resources. Currently, without supplementary regulations, the FDRA provides insufficient guidance to resolution officers to enable them to conduct this triaging role effectively. This is problematic as triaging is the first major step in the FDRA process and will set the course for the parties’ entire dispute resolution experience under the new scheme. Given the importance of this step, and the likelihood that mediation will be one of the primary processes used to resolve disputes under the FDRA, I have attempted to create enhanced guidelines to help resolution officers match parties to the optimal type of mediation to fit their particular needs. These guidelines, which can hopefully help to inform the future drafting of regulations to the FDRA, were informed by both the mediation literature and the results of qualitative interviews which I conducted with some of Manitoba’s most knowledgeable family mediators. Ultimately, I outline several factors which can impact the resolution of family disputes through mediation, and which must therefore inform the triaging decisions of resolution officers. I also argue that resolution officers should be required to receive specific professional mediation designations, and that to facilitate the most successful implementation of the FDRA, the government should not only take the insights from my research into consideration but should also commit to further consultations with our province’s family mediators and other ADR professionals.

Unanswered Questions -Family Dispute Resolution in the Shadow of the Law

ABSTRACT Mandatory family dispute resolution for parenting matters has been in place in Australia for over a decade. The rationale for introducing this requirement was that it would provide a more time, cost and outcome effective option for resolving such matters. The aim of this research has been to explore the implications of compulsory family dispute resolution as practiced in the most prevalent form of facilitative mediation. Analysis of recent research, reviews and court cases highlights the need for further evidence to determine whether intended outcomes are being achieved and to advise on strategies for resolving critical issues inherent in current FDR arrangements.