Family Mediation Research Articles

Resolving middle‐age sibling conflict regarding parent care

AbstractMiddle‐age children are and will continue to be confronted with parent care decisions. It is inevitable that siblings experience varying degrees of conflict when making these decisions, as exemplified in the four case studies outlined in this article. The potential benefits and limitations of family mediation as a means of resolving such conflicts are discussed.

Money and mediation: Patterns of conflict in family mediation of financial matters

AbstractCurrent treatment of family mediation involing financial matters portrays it as a complex but rotine area of practice based on legal principle and typically handled by lawyers. Little if any mention is made of the fact of that negotiation around money (assets) and its division can be a source of intense spousal conflict. In turn the literature offers pratitioners little or no guidance as to either the bases of such conflict or how best to deal with it in mediation. In describing five distinctive patterns of conflict around money, we address both limitation of the literature.

Beyond the dominant narrative: Intimacy and conflict in lesbian relationships

AbstractThere has been limited attention in the mediation literature to intimacy and conflict in lesbian relationships. A review of the literature revealed three trends: (1) little reference to historical and contemporary research and theory about lesbians and lesbian relationships; (2) a tendency to package comments and conclusions about lesbians and gay men as if these groups are the same; and (3) a bias toward heterosexual models of commitment, marriage, and conflict resolution within relationships. In this article, we review current research about the development and dissolution of lesbian relationships, with particular attention to gender, relational competencies, and sociopolitical influences that may have implications for how lesbian couples cope with conflict. When relevant, comparisons are made to research on heterosexual relationships. Recommendations for divorce mediators and family mediators are offered.

The Protein Kinase C Family and Lipid Mediators for Transmembrane Signaling and Cell Regulation

This article represents the proceedings of a symposium at the 2000 ISBRA Meeting in Yokohama, Japan.

The protein kinase C family and lipid mediators for transmembrane signaling and cell regulation.

This article represents the proceedings of a symposium at the 2000 ISBRA Meeting in Yokohama, Japan.

The role of interest‐based facilitation in designing accreditation standards: The Canadian experience

AbstractThis article discusses the design and implementation of a national certification process for family mediators by Family Mediation Canada (FMC) in 1999, as well as findings from data collected during the pilot testing, of the certification process. Debates continue about theoretical orientation, best practices, and thus the feasibility of standards of practice. This article argues that although these debates are vital to disciplinary growth, they deflect attention from areas of fundamental consensus. Professional practice arid certification standards are designed using one of two approaches. The first approach is expert‐driven and evaluative and focuses on differences among practitioners. In this approach, experts evaluate differences and then propose the best model and standards of practice. The second approach is interest‐based and facilitative. It builds on areas of consensus among practitioners. Facilitators use mediation methods to support practitioner self‐empowerment and self‐determination in the design of practice and certification standards. This article argues that adoption of the second approach was the key to the success of the FMC process.

Cross-cultural mediation: a critical view of the dynamics of culture in family disputes

As a means of facilitating the smooth management of disputes arising from family breakdown, the benefits of mediation are often extolled. Yet, the question of how the individuals' particular cultural identity comprises a prism through which disputes and their resolution are viewed, is one that has been neglected. In particular, it is often precisely within the parameters of the marital relationship that individuals are motivated to practise their normative ethics. This article seeks to analyse these dynamics and the manner they influence the process of mediation by closely examining the model expounded by Gulliver, and argues that an appraisal of cultural dynamics is a fundamental prerequisite to understand the process of family mediation. The objective is to evaluate Gulliver's model with a view to laying the foundations for a synthetic model of the processual dynamics of negotiation in the light of an analysis of cultural factors.

La necesidad de normas y regulación en la mediación familiar

There is growing acceptance of the need for national standards for family mediation training and practice. In some countries, mediation has achieved the status of a new profession. In others, mediation is carried out without accredited training or regulation of family mediators” practice. Many countries now have legislation with provision for family mediation. This can result in competition between different professions as to who is best qualified to be a family mediator. Some members of the legal profession consider that the right to practise family mediation should be restricted to qualified lawyers. Others accept that mediators trained in counselling or psychology offer knowledge and skills that are needed in mediating with couples and families during separation and divorce. This article explores the essentially interdisciplinary nature of family mediation as a new and distinct profession. This discipline needs regulation and national standards to establish its status and to ensure the quality of family mediation practice.

La formación de mediadores familiares

Individuals wishing to become competent as family mediators will benefit from the inclusion of theoretical, practical, and research-based components in family mediation training that focus on communication, conflict, and power. These components, combined with a clear discussion of the theoretical or value-based underpinnings of the model being presented in training, will enable family mediators to integrate theory and thechnique as they begin the journey toward competent mediation practice.

Evaluación de la eficacia del proceso de mediación familiar

Over the last two decades, family mediation has become an alternative to judicial process in solving conflicts derived from the breakdown of marriage. Despite the boom of family mediation, there is little research comparing the effectiveness of mediation and traditional procedures. The studies that have been carried out present multiple methodological problems. They do, in any case, seem to confirm the greater effectiveness of mediation inarriving at satisfactory agreements for the parties in conflict, in guarantecing the application of the agreements in the future and in improving communication between parties. On the other hand, research on the mediation process reveals that the main determinants of its effectiveness are the mediators” tactics, the characteristics defining the dispute and the interaction between these two factors.

La aprobación judicial de los acuerdos en la mediación familiar

This article discusses various factors that should be considered in the judicial supervision of the agreements reached in a family mediation process. Marriage is a private institution subject to legal regulation. The tension between self-regulation and social intervention in this case is most evident in situations of crisis. The alternative of mediation offers a new methodology for facing the consequences of the crisis, Its correct application requires a precise definition of the roles of the practitioners responsible for the mediation, the couple” s lawyers and the judge. The judge, when he/she approves the agreements, must review their legality relative to the personal and family statutes (personality, civil status, filiation and material needs), guaranteeing fundamental rights of the persons involved.

Mediación: reflexiones desde una toga

The legal system often fails when it attempts to find solutions to family conflicts. They often entail aspects that exceed what can be regulated by law. They are conflicts that are produced within 4 complex network of interpersonal relations, which make it difficult to determine the most just and convenient solution for each case. Mediation is proposed as an alternative procedure for the resolution of family conflicts, The judge must have sufficient criteria when making a decision about the convenience of proposing mediation for a given case and the moment at which this should been done. He/she must also consider that it is possible to incorporate mediation at each one of the phases of the legal process, from the initial temporary measures all the way through to the application of the sentence. The article concludes with a critical analysis of the project for a family mediation law in Catalonia.

Genetic technology and family conflict

10.1002/crq.3890180103.abs Modern technologies are taking laypersons and professionals into uncharted waters, prompting many to ask: Just because we can, should we? Specifically, genetic technologies are presenting numerous issues for which there are no easy answers. What role can family mediators play in resolving family conflicts related to genetic testing, treatments, and therapies?

Risk Reduction Interventions in the Child Custody Relocation Case

When a custodial parent chooses to relocate to a new community, the child of divorce faces a life transition that is potentially even more traumatic than the parental break-up. Recent developments in Relocation Law have guided courts to generally allow the custodial parent to move away with the child. Divorce effects research and a recent model of risk assessment for relocation suggest factors that predict potential harm or protection for the child. Family mediators and psychotherapists have important roles to play in reducing the risk. These tasks are described and six aspirational principles of risk reduction for relocation suggested.

In Harm's Pathway

The tumor suppressor protein p53 causes death of cells exposed to stresses that cause DNA damage. The p53 protein causes increased expression of the protein Bax, which in turn causes cell death. However, evidence indicates that expression of other genes must also contribute to p53-induced cell death. Oda et al . screened for genes expressed in response to x-ray irradiation in normal cells but not in mouse cells that lack p53. They identified a gene called Noxa that appears to be directly regulated by p53. Overexpresion of Noxa caused apoptosis, and Noxa interacted with anti-apoptotic Bcl-2 family proteins at the mitochondria. Antisense RNA to Noxa prevented expression of Noxa in response to p53 and inhibited p53-induced apoptosis. Thus, Noxa appears to represent a new target regulated through p53 that contributes to stress-induced cell death. Oda, E., Ohki, R., Murasawa, H., Nemoto, J., Shibue, T., Yamashita, T., Tokino, T., Tanaguchi, T., and Tanaka, N. (2000) Noxa, a BH3-only member of the Bcl-2 family and candidate mediator of p53-induced apoptosis. Science 288 : 1053-1058. [Abstract] [Full Text]

Noxa, a BH3-only member of the Bcl-2 family and candidate mediator of p53-induced apoptosis.

A critical function of tumor suppressor p53 is the induction of apoptosis in cells exposed to noxious stresses. We report a previously unidentified pro-apoptotic gene, Noxa. Expression of Noxa induction in primary mouse cells exposed to x-ray irradiation was dependent on p53. Noxa encodes a Bcl-2 homology 3 (BH3)-only member of the Bcl-2 family of proteins; this member contains the BH3 region but not other BH domains. When ectopically expressed, Noxa underwent BH3 motif-dependent localization to mitochondria and interacted with anti-apoptotic Bcl-2 family members, resulting in the activation of caspase-9. We also demonstrate that blocking the endogenous Noxa induction results in the suppression of apoptosis. Noxa may thus represent a mediator of p53-dependent apoptosis.

An IFN regulatory factor-2 DNA-binding domain dominant negative mutant exhibits altered cell growth and gene expression.

In order to study interferon regulatory factor (IRF) family mediation of cell growth regulation, we established U937 cell lines stably transfected with a truncated form of IRF-2 lacking the transcriptional repressor domain. The truncated IRF-2 contained the DNA binding domain (DBD) and bound the ISRE. Phenotypically, the IRF-2 DBD transfectants exhibited reduced cell growth, altered morphology and increased cell death. Consistent with alterations in growth characteristics, the IRF-2 DBD transfectants constitutively expressed higher levels of the cyclin dependent kinase inhibitor p21WAF1/Cip1 than did control clones. The level of p21WAF1/Cip1 expression was positively correlated with the level of DBD expressed, as well as with the level of growth inhibition in these clones. DBD expression also correlated with expression of other members of the growth regulatory complex, cyclin dependent kinase 2 and cyclin A, but not proliferating cell nuclear antigen. These results imply active repression by IRF-2 to keep p21WAF1/Cip1 transcriptionally silent.

Public investment in private problems: legal aid and the family justice system

This paper examines findings from the Legal Aid Board Research Unit's Case Profiling Study in the light of the current reform programmes for both legal aid and family law. The findings relate to over 650 legally aided family cases including divorce, separation, ancillary relief and Children Act 1989 applications. The main aim of the study was to gain a better understanding of what is currently funded by the legal aid fund. Costs have been related to stages of cases and to the strategies employed by solicitors. Finally, I comment on the future role of legal aid in family law, suggesting that, to a large extent, public investment will be maintained. Remuneration of service providers will evolve as systems of contracting are introduced in January 2000. There will be continued emphasis on family mediation as an alternative method of dispute resolution. However, cases involving issues relating to children and their welfare will remain within the scope of public support. Domestic violence and other emergency issues will also merit high priority. Although there will be extensive changes in other areas of legal aid, family law appears to remain relatively unscathed.

MEDIATING WITH HIGH‐CONFLICT COUPLES

Models of mediation based on negotiation assume that participants can think and act rationally, whereas in reality, when individuals are overwhelmed by anger and pain, their capacity for reason and logic diminishes. Family mediators need to appreciate the intensity of the irrational feelings and reactions they see in mediation and to consider their personal impact. Mediators can help to contain family crises by adapting the family crises by adapting the model and methods in this article to fit different levels and patterns of conflict. An understanding of systems theory is particularly helpful in considering the functions of conflict and varying needs to maintain conflict. This article suggests that mediators can use different kinds of nonverbal and verbal communication and surprise those who expect mediators to give them a stock response.

A FOCUS ON EMOTION IN MEDIATION TRAINING

Trainee mediators must learn to understand their own emotions and the emotional reactions of mediation participants to intervene effectively in conflict. Training techniques developed for family and divorce mediation may also apply to training for other types of conflict. Visualization and observation exercises developed a “meta‐perspective” on the dynamics of conflict, which can help traines manage their own emotional reactions and think strategically at the same time. Responding to videotaped or role‐played emotional reactions from participants can desensitize trainees to conflict. Directing trainees toward information available on the process of divorce or other prolonged conflict can help them respond with more empathy to participants. Attention paid to these emotional issues in mediation training may prevent mediator stress and burnout.