5TH JUDICIAL CIRCUIT DEPENDENCY MEDIATION 2007 Dependency Court Improvement Program Summit September 6, 2007
Can You Hear Me Now? Connecting Voices Through Dependency Mediation
WHAT IS MEDIATION?
Mediation is a procedure designed to assist in resolving conflict, to reach an agreement confidentially and informally. The mediator is an impartial third party who assists the parties to make their own decisions by providing information, clarifying the issues, helping parties explore alternative solutions, and suggesting possible compromises. The issues mediated in dependency cases include the allegations to which a parent is willing to consent to, placement of the child while the case is pending, visitation, child support and case plan tasks. Dependency Mediation ensures that the child is safe and moves the case more quickly to permanency.
GOALS OF DEPENDENCY MEDIATION
To reduce anxiety and other negative effects of adversarial proceedings by empowering the parties involved to devise a cooperative resolution that best fits their needs and protects the children. To prepare the parties to anticipate and ultimately accept the consequences of their own decisions. To promote an agreement and a plan that each party can agree to while simultaneously insuring the safety of the children.
PROCESS OF DEPENDENCY MEDIATION
Promote communication between the parties Explore alternatives Resolve Conflict
5th Judicial Circuit Dependency Mediation 1 Betty White, ADR Director, (352) 401-7828, bwhite@circuit5.org
HOW DEPENDENCY MEDIATION WORKS FROM SHELTER
The process begins by an order of court directing the parties to a mediation scheduled prior to arraignment. The parents, the protective investigator, the family care manager, and the Guardian Ad Litem attend the mediation. The mediator is a neutral and objective third party whose role is to assist the parties in working toward a settlement agreement. The mediator does not represent either side and does not know anything about the case prior to mediation. The mediator encourages a dialog between the parties that tends to lead to an agreement. The mediator may from time to time during the mediation speak alone with one side or the other. Any conversation during such a caucus is confidential and will not be disclosed to the other side without permission. These private conversations assist the mediator in identifying the points of agreement and conflict. This will make the mediator better able to focus the parties during the mediation. The purpose of the mediator is to assist the parties to identify the issues, develop bargaining proposals and conduct negotiations with a goal of reaching a settlement agreement. The mediator keeps the parties task-focused and mindful of the purpose of the mediation. The mediator does not make any decisions for the parties, but facilitates the parties in the decision-making process. When an agreement is reached, the mediator will draft the agreement. After review and approval by the parties, all parties then sign the agreement. Since counsel is not present, agreements reached at shelter mediation are conditional upon approval by the attorneys for all parties. Note: If agreement is reached, the case plan acceptance and disposition hearing may be held at arraignment.
ADVANTAGES OF SHELTER DEPENDENCY MEDIATION
Minimizes the negative effects of the adversarial process. Encourages an agreement that is acceptable to all parties. Promotes judicial economy and cost savings (for the court and all parties) Keeps the best interests of the children in the forefront of any agreement reached. Allow the parents to work on the Case Plan earlier which often results in an earlier reunification.
5th Judicial Circuit Dependency Mediation 2 Betty White, ADR Director, (352) 401-7828, bwhite@circuit5.org
Facilitates immediate parental visitation. Empowering parents increases case plan compliance and earlier completion through.
WHAT DEPENDENCY MEDIATION IS/ IS NOT
It is not a means to circumvent the legal system. It is not an opportunity for the either side to educate themselves about the other side. Mediation is an opportunity for the parties to come together to reach an agreement that empowers the parents to take control of the process and gain an understanding of why certain things are being asked of them. It also gives the parents an opportunity to ask questions about the process. Mediation ensures parental participation in the development of the case plan.
WHAT IF DEPENDENCY MEDIATION FAILS?
If an agreement is not reached, all information shared during mediation is confidential and cannot be use in subsequent litigation. The mediator cannot be forced to testify about any thing discussed at mediation. The mediator only advises the court that no agreement was reached. A partial agreement can also be reached. This will narrow the issues that the court must decide, thus reducing the amount of court time needed to resolve the case.
ROLE OF THE ATTORNEY
Counsel is not present at shelter mediation. All agreements from shelter mediation are conditional upon approval by the attorneys for all parties. Counsel may be present at mediations scheduled subsequent to arraignment and his/her role is to advise the client and to assist with the negotiations. Attorneys can meet privately with the client at any time during mediation.
5th Judicial Circuit Dependency Mediation 3 Betty White, ADR Director, (352) 401-7828, bwhite@circuit5.org