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Developing partnerships with Family Mediation Services

Developing partnerships with Family Mediation Services. Stefan Klidzia 22 June 2011. Impact Family Services. Family Mediation Child Contact Children’s Advice & Support. Tel: 0191 567 8282 www.impact-mediation.org. Outline of Session (Learning Outcomes).

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Developing partnerships with Family Mediation Services

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  1. Developing partnerships with Family Mediation Services Stefan Klidzia 22 June 2011 Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  2. Outline of Session (Learning Outcomes) To gain knowledge and understanding of current legal and policy developments relating to Appropriate Dispute Resolution (ADR) To gain an understanding of the principles of mediation To develop an understanding of the mediation process To explore developing partnerships between Contact Centres and Mediation Services To develop a practice model for joint working between Contact Centres and Mediation Services Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  3. Legislative Context for Family Mediation Includes - Children Act 1989 Adoption and Children Act 2002 Children and Adoption Act 2006 Family Law Act 1996 Matrimonial Causes Act 1973 Various equality and anti-discrimination legislation (e.g. Equality Act 2010) Human Rights Legislation Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  4. Policy Context Child’s best interests Importance of family life Every Child Matters 2003 Working Together 2010 Access to Justice / ‘Legal Aid’ (Public Funding) State intervention v. family / individual rights Early prevention (New) Family Procedure Rules (2010) Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  5. Family Mediation – a definition… Mediation –a form of third-party intervention to assist parties in dispute to negotiate a mutually acceptable outcome, whereby the mediator(s) is impartial and without decision-making authority, controlling the process and facilitating communication. Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  6. Why mediation? Public Funding (Legal Aid) Less costly and less stressful Faster process for resolution Helps parties to ‘save face’ Focus on issues rather thanconflict Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  7. Why mediation? Mediators offer ‘neutrality’ & impartiality ‘Fairness’ Problem solving Solution and future focus Decisions / control stays with parties Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  8. Issues for mediation Children Property & finance All Issues Mediation – ‘AIMS’ Substantive and / or underlying issues Move people from ‘fixed positions’. Look at interests and needs. Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  9. Family mediation process Referrals by solicitors, Cafcass, Courts, Contact Centres, self-referrals, other agencies Individual or joint Information Meeting offered to each party (Confidential) Face-to-face or ‘Shuttle’ mediation Consultation with children / young people Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  10. Domestic abuse and Safeguarding Domestic abuse and Safeguarding screening carried out throughout mediation process Identify and refer, where necessary, to other agencies Mediation might still take place Children’s issues – contact and residence; parental communication; ‘what to tell the children’; ‘how to tell the children’; wider family members; introducing new partners Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  11. Key principles of mediation Voluntary process Confidential process (with exceptions) Parents make decisions, which are not legally binding Mediators are impartial - don’t tell parties what to do Issue-focused Future focused Available to all Outcomes not reported without consent of all concerned Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  12. The Mediator’s role Manage the process Assess and screen Provide information Facilitate communication / negotiation Listen actively Reflect and summarise Gather and share information Record Test reality Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  13. The mediation process Five-stage model – Establish the arena Identify issues Explore issues Develop options Secure agreement Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  14. Consider… When might parents using a Child Contact Centre be at the stage where mediation is appropriate? Who can / should make a referral to mediation? Are all family cases suitable for mediation? Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

  15. Developing partnerships… Consideration ofpractice models for joint working between Contact Centres and Mediation Services Impact Family Services Family Mediation Child Contact Children’s Advice & Support Tel: 0191 567 8282 www.impact-mediation.org

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