Conflict Resolution And Child Custody

A special research field in the mediation literature intends to shed light on the question, how influential the impact of mediator’s characteristics and motivations on the mediation process is. Concerning the state of research, the studies of this debate show a divergent picture. There are scientists who have queried the significance of mediator’s impartiality (Bercovitch/Houston 1996; Kydd 2003, Touval 1982; Zartmann/Touval 1996). Scholars like Saadia Touval have underpinned that mediators are often biased and can perform their tasks just as well if not better as impartial mediators. Additionally, Touval and Zartmann stated in their study that mediation is an exercise in power politics: “leverage is the ticket to mediation” (Touval/Zartmann 1989: 129). In 2003, Kydd finds that mediators use their leverage to one of the two conflicting parties and therefore constraint concessions. Thus, the mediator must be biased to be effective. This means that merely a mediator who is biased towards one side can credibility tell them that the opponent will not make peace without the concession. Carnevale and Arad (1996) also remarked the importance of bias. Nevertheless, they suggest that impartiality should not be underestimated and therefore be taken in to consideration.

Traditional approaches to mediation assume that a conflict’s parties and a mediator share one compelling reason for initiating mediation: a desire to reduce,abate,or resolve a conflict.To this end,both sides may invest personnel,time,and resources in the mediation.This shared humanititarian interest maybe the only genuine reason in a few instances of mediation,but normally even this interest intertwines with other, less altruistic,

Dr. McKinney illustrates these tensions as a contradiction; the idea of conflict between desires in a relationship. Mediation is a wonderful process in negotiating a solution between two parties thwarted by

Fells (2016, p. 211) wrote “ just as a doctor works to bring a person back to health, so too a mediator works to bring a deadlocked negotiation back to a situation where the parties can reach agreement”. This essay discusses this statement with reference to contemporary research on dispute resolution. In order to comprehend how this is achieved, we must consider the essence of mediation, the different types of mediation and what mediators do. Negotiation and mediation are process used to resolve opposing preferences between parties. Negotiation is defined in Fells (2016, p. 3) as “a process by which two parties with differences that they need to resolve try to reach agreement through

Child custody disputes can be the most difficult, contentious element of any divorce, especially when the other party is using the child as leverage or a weapon. You may be convinced your former partner is an unfit parent, but without evidence, your allegations may not carry much weight in family court.

Additionally, courts are shying away from the older method of “awarding custody” to one parent at the expense of the other. Courts will try to find a fair balance between parents, and if the court senses that you are trying to “horde” custody or gain too much control, they will likely rule against you.

In conclusion, this paper has addressed the controversial issue that face the court when it comes to the controversy on the time-honored question should/or should not the court allow children to testify in child custody cases. Also, to sum it up that the BICS has a lot of weak points that needs to be changed when it comes to child custody. However, there are mores states that have their own option about children testifying in custody cases.

Custody battles over the child or children can bring the worse out of the mother and father but the parents do not have to be the biological parent to get custody of that child. Fighting custody over a child could cause a lot of tension between the parents but some custody battles can be beneficial for the child if the child is getting abused mentally, physically or verbally.

Mediation is a different process to reach a resolution for parties that find themselves in a family court matter. Mediation is a part of the process ran by the courts by individuals that are unbiased and yet knowledgably about family law matters and the law. The courts want couples to give mediation a try before taking the matter before the judge in case some issues can be worked out beforehand. Attorneys are not included in this process. What happens in mediation is all parties will work on the issues at hand as peaceful as possible and in a manner to hopefully reach amicable outcomes, with a third party to help oversee this process and help negotiate their issues. These issues that can be heard in mediation are many and can be a wide variety of needs from the parties. These issues can be negotiation of assets, debts, child and spousal support, and visitation and custody matters of any children involved in the case.

Child custody arrangements have evolved over the years from a time when children were once seen as property of the father. This began to change as society became more focused on the development of children, understanding the formative years of childhood evolved into adulthood. Mothers have historically been granted custody in the majority of custody cases as determined in nineteenth century by the tender year’s doctrine. Once the tender years doctrine had been determined to be in violation of the fourteenth amendment the primary caretaker rule was developed based on who was the primary caretaker prior to the divorce. With the increase in divorce rates and the legislation of Uniform Marriage and Divorce Act of 1976 set the standard for the Best Interests of the Child. The best interest of the child concept moved away from parental rights, focusing on several factors such as relationships between parent and child, school and home adjustments, mental and physical wellbeing of parents, and wishes of both parents.

Despite having no mediation experience prior to this class, I immediately excelled in a few areas of mediation. Namely, I did well with the introduction, exuding confidence, and helping the disputants move toward a resolution. Each of these skills is extremely important for mediators as they help set the tone, maintain control of the conversation or accomplish the goal of mediation. Of course, I improved with I practice, but I performed admirably in each of these arenas from the outset.

California Family Code also allows the mediator’s recommendation to the court regarding custody and/or visitation to be adopted by the court. (California

A problem that may be associated with mediation is power imbalance. Unfortunately, the mediator is only a third party which is present to assist the disputants with their communication to ensure it does not break down and help them reach a decision; however “the parties are in ultimate control, the mediator should not intervene even if one party has more bargaining power than the other” . This can in some cases result in an unfair agreement. Another adverse side of mediation is that; “basically anyone can hang out a sign and practice mediation” - meaning that mediators do not need to undergo a long period of study to ensure their professionalism and knowledge of dispute resolution. This can be harmful to the system and may result in cases being handled by unprofessional personals.

This paper will cover the difference in the negotiation process and the mediation process and explore some of the barriers that hinder the processes. There is a distinct difference between the negotiation process and the mediation process. Negotiation as defined in Essentials of Negotiation is a process by which two or more parties attempt to resolve their opposing interests (Lewicki, Saunders, and Barry, ) The Negotiation process happens when individuals disagree about a situation and there’s no mutual solution that can be attain by the two parties. The disagreement leads to a conflict which involves misinterpretation, miscommunication and hurt feelings. Because the parties cannot reach a mutual agreement on how to resolve their

* Mediation as a conflict resolution method can result in a reduction in violence, vandalism, chronic school absence and suspension.