Thesis (D.Phil. (Maatskaplike Werk))-University of Pretoria, 2008. / Includes bibliographical references.

The aim of this thesis is to explain the role of mediation and its possibilities in dealing with questions connected to divorce, focusing on adjustment of child relations after a divorce. It also deals with the use of other methods for adjustment of child relations after divorce which should help with minimalizing negative impacts which are inevitably connected to divorce. It is looking for inspiration in our neighbouring countries: Germany, Austria, and Poland. This thesis is divided into two imaginary parts. The first part includes eight chapters and is dedicated to family and divorce mediation. In the second part, there is analysed adjustment of child care after divorce in the Czech legal system and there are discussed other methods than mediation which can be used for adjustment of child relations after a divorce. At the beginning of the first part, mediation is defined as alternative dispute resolution. After that, there is shortly mentioned its history and development in Europe and the Czech Republic. In the third chapter, family mediation is introduced and its elementary types (i.e. family mediation in a narrow sense and divorce mediation) in Czech terminology are defined while there is also mentioned mediation for the protection of children. This chapter also familiarizes us with specific...

This diploma thesis deals with the importance of the mediation in solving different types of disputes and disagreements between family members. This is a theoretical-empirical work. The aim of the thesis is the evaluation of the contribution of mediation as a method of resolving disputes between family members. The theoretical part shows first comprehensive overwiew of the mediation. Each chapter is dedicated to topics related to history of mediation both in the world and in our country and shows researches of already existing studies. It also presents mediation in terms of its aim, principles and process, introduces the mediator and his competences that are specially dedicated to a family topic that is crucial in relation to the aim of this diploma thesis, the family mediation. This work focuses on family and its actual topics as well as pitfalls. The work dedicates to the area of disputes, its reasons and development. The empirical part extends the work of results of a qualitative research conducted in the form of an interview with ten respondents who have undergone the process of mediation. The aim of the investigation was to find out how persons who have undergone the mediation process evaluate mediation as a method of resolving disagreements between family members? The main finding is that the...

Conflict resolution theory and practice have been increasingly criticised for ignoring the centrality of culture in their attempts to find theories and models that are applicable universally, not only across cultures but also across levels of society. Mediation is one form of conflict resolution, which has come to occupy a central position in the resolution of disputes both at international and local levels. At the level of family disputes, family mediation has failed to engage users from different ethnic groups in England and Wales. This thesis explores the hypothesis that culture and, in particular, culturally defined concepts of gender are the important factors determining the success or failure of mediation in divorce disputes. / J. A. Clark Charitable Trust

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-08-15T12:21:31Z No. of bitstreams: 1 Ricardo José Rizkallah.pdf: 1362128 bytes, checksum: 6afb526360e76cfe7d652b4f5b2bb6c5 (MD5) / Made available in DSpace on 2018-08-15T12:21:32Z (GMT). No. of bitstreams: 1 Ricardo José Rizkallah.pdf: 1362128 bytes, checksum: 6afb526360e76cfe7d652b4f5b2bb6c5 (MD5) Previous issue date: 2018-06-25 / The present work aims to analyze interdisciplinary practice of mediation as an alternative dispute resolution available to families. We work with an idea of mediation should not be positioned as a simple alternative to the traditional jurisdictional system, but to this trying to integrate itself. Therefore, the main issue of the study is the institution of family mediation in the field of Judiciary and the study of the historical evolution of families. It discusses the most relevant aspects of mediation: legal aspects, principles, mediator role and interdisciplinarity. It also presents the Brazilian legislative movement and the most controversial issues, also including civil proceedure code and its complementary methods of alternative dispute resolution methods. Although this research points out that family mediation is a privileged area for an interdisciplinary approach, the reality reveals countless challenges on a daily basis, demonstrating a need to think means of estimulating the interdisciplinary practice in the hypotheses in which mediation is effective and the solution in the resolution of family conflicts, besides the application of criteria of practical application of the alternative dispute resolution. This research is inserted in an important historical moment to mediation in Brazil, because since 2010 it has been implemented in the Brazilian Judiciary, through a public policy of proper handling of conflicts. Within this context, the research has analysed a Project named "Casa da Família" in the City of São Vicente and developed by the Court of Justice of the State of São Paulo and sought, from a quantitative and qualitative research, between 2016 and 2017, analyze the obtained results. The achievements and concerns by ways of implementating mediation were shown in this research by considering interdiciplinary mediation for its quality and predicates, and how to effectively benefit from this cultural change. It was tried to launch theoretical bases of the use of the mediation by the trait of the interdisciplinarity in the familiar conflicts / O presente trabalho tem por objetivo analisar a mediação interdisciplinar como forma de facilitar as alternativas autocompositivas colocadas à disposição das famílias. Trabalhamos com a ideia de que a mediação não deve se posicionar como simples alternativa ao sistema jurisdicional tradicional, mas a este tentando se integrar. Portanto, a questão central do estudo refere-se à institucionalização da mediação familiar no âmbito do Poder Judiciário. O estudo parte da evolução histórica das famílias. Discorre sobre os aspectos mais relevantes da mediação: natureza jurídica, papel do mediador e interdisciplinariedade. Apresenta-se, ainda, o movimento legislativo brasileiro e as principais questões controvertidas, inclusive no processo civil que introduziu métodos complementares de solução de conflitos. Embora a pesquisa mostre que a mediação familiar é um espaço privilegiado para a atuação interdisciplinar, a realidade revela inúmeros desafios no cotidiano, demonstrando a necessidade de se pensar meios de estimular a prática interdisciplinar nas hipóteses em que a mediação é efetiva e necessária na resolução de conflitos familiares, além da aplicação de critérios de aplicação prática desse mecanismo autocompositivo. Dentro desse contexto, a pesquisa tomou por base o projeto “Casa da Família” da Comarca de São Vicente desenvolvido pelo Tribunal de Justiça do Estado de São Paulo e buscou, a partir de pesquisa quantitativa e qualitativa, entre os anos de 2016 e 2017, analisar os resultados obtidos. Esta pesquisa se insere num importante momento histórico da mediação no Brasil, pois desde 2010 vem sendo implantada no Poder Judiciário brasileiro política pública de tratamento adequado dos conflitos. As conquistas até então alcançadas e as preocupações com a forma de implantação da mediação foram tratadas no trabalho pensando que a introdução efetiva da mediação familiar interdisciplinar se dê pela qualidade e seus predicados e que as famílias possam se beneficiar efetivamente com essa mudança cultural. Buscou-se, enfim, lançar as bases teóricas do uso da mediação pelo traço da interdisciplinariedade nos conflitos familiares

Made available in DSpace on 2016-04-27T18:47:17Z (GMT). No. of bitstreams: 1 Alessandra Negrao Elias Martins.pdf: 4257052 bytes, checksum: 391b393eda054302a859626efa82fe69 (MD5) Previous issue date: 2016-02-23 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / Based on a positive understanding of conflict as something natural and inherent in human relationships, conflict isnow being addressed constructively. Resolution #125 passed by the Brazilian National Council of Justice as a Public Policy has increased access to Justice, such as the access to fair legal order, with the possibility of using appropriate conflict resolution methods including mediation. Several mediation methods are now in place. One such method is Transformative Mediation, which is based on interpersonal and family relationships, personal empowerment and recognition of the other. Today, this interdisciplinary method of mediation is being used in different contexts, such as the family. The mediator acts an impartial third party and as a facilitator of the communication between the conflicting parties. Within the context of the family, mediation can also be applied to elderly at risk. This is reflected on the concepts of family and aging that are unique to each person. Changes within the family have an impact on the care of children and dependent elderly. The Mediation Project for At-Risk Elderly was first introduced in 2011 as an initiative of the Civil Prosecutor s Office at the Regional District Court of Santo Amaro in the city of São Paulo to use mediation in family disputes through Administrative Proceedings forwarded to the Prosecutor's Office when elderly parents are at risk. As a rule, these elderly people are at risk due to moral and/or material abandonment. Typically, the mediation sessions are attended by the at-risk elderly, their family members, caregivers and cohabitants. The team of mediators consists of volunteer professionals who act as co-mediators and reflecting team. The results of the mediation cases conducted by the team were analyzed qualitatively. A few variables were taken into account, such as non-adherence to mediation and no significant changes between the parties after the mediation sessions, as well as the transformation of the conflict leading to an agreement between the parties and signing a memorandum of understanding, improvement in their communication, in the care of their elderly and their family life / Fundamentado na visão positiva do conflito como algo natural e inerente às relações humanas, este passa a ser trabalhado de forma construtiva. A Resolução 125 do Conselho Nacional de Justiça, como Política Pública, ampliou o acesso à Justiça, como acesso a ordem jurídica justa, com a possibilidade da utilização dos métodos adequados de solução de conflitos entre os quais a mediação . Diversos são os modelos de mediação; um deles é o Transformativo, fundamentado nas relações interpessoais e familiares, no empoderamento e no reconhecimento do outro. A mediação é desenvolvida em diversos contextos, a exemplo do familiar e é exercida com base na interdisciplinaridade. O mediador é um técnico imparcial e facilitador da comunicação. No contexto familiar a mediação trabalha com idosos em situação de risco. Reflete-se sobre os conceitos de família e envelhecimento plurais ou seja, únicos para cada pessoa. As mudanças familiares repercutem nos cuidados dos filhos e dos idosos dependentes de cuidados. O Projeto de Mediação Para Idosos em situação de Risco acontece desde 2011, na Promotoria Cível do Foro Regional de Santo Amaro, São Paulo, com a possibilidade da utilização da mediação nos conflitos familiares presentes nos Procedimentos Administrativos encaminhados à Promotoria de Justiça, com idosos em situação de risco. Via de regra, os idosos se encontram em situação de risco por abandono moral e/ou material em seus cuidados. Como mediados temos, em geral, o idoso em risco, familiares, cuidadores e conviventes. A equipe de atendimento é composta por mediadores voluntários que atendem em campo com a utilização da equipe reflexiva. Foram analisados de forma qualitativa os resultados dos casos atendidos em mediação. Foram constatadas a voluntariedade da não adesão e a ausência de mudanças significativas, além de transformações como acordo, termo de entendimento, comunicação, cuidados ao idoso e convivência familiar

The number of divorced families has been continually increasing and the Czech society accepts such families with dependent children tolerantly. Nowadays we know that a family with both parents but full of violence is much worse for children than living with a single parent. Psychosocial development of children growing in incomplete families thus does not have to be marked negatively. Despite that, in most cases a breakdown of a marriage with children is perceived as a hard and frustrating situation. And all the involved parties need to cope, particularly with the failure and loss in their lives. The objective of the thesis was to map attitudes of workers of the department of social and legal protection of children, marriage and family counselors, crisis and emergency centers and other professionals to the divorce situation of families with children in school age. Partial objectives of the thesis included mapping of opinions of the workers about the shared custody, experience of professionals with family mediation and determination whether the professionals are offered possibilities of further education. The views of the professionals were collected by means of a questionnaire survey conducted in January, February and March. 415 questionnaires were distributed at random. The research group consisted of 99 returned questionnaires. The individual categories of professionals did not demonstrate any significant differences in their attitudes to the shared custody. Divorce mediation was viewed as a suitable method for resolution of family disputes. The research has also shown that the professional community is offered sufficient opportunities of further education. According to the responding professionals, incomplete (divorced) families are capable of ensuring successful development of the children. The professionals concurred particularly on the opinion that each divorce situation needs to be approached individually.

M.A. (Clinical Psychology) / The primary aim of this study is to investigate the different subsystems involved in a child custody case. By identifying the various patterns of interaction within each subsystem this work attempts to provide the clinical psychologist with a condensed frame of reference for the role of expert witness in cases of this nature. The study focuses therefore on the legal system in South Africa, the family system in the process of divorce as well as models of assessment used by practicing psychologists when giving expert testimony. In investigating the legal system, the study starts off by highlighting the premises from which the law derives its findings - in both constituted laws and judicial precedents. The best interests of the child as overriding standard is traced through various laws and judicial findings. The study then turns to the latest developments following the promulgation of the Mediation in Certain Divorce Matters Act no 24 of 1987. The hesitancy and doubts that prevail among practitioners of the law concerning this Act are noted. the study initially looks at divorce, then moves on to the the children subsystem.

Custody disputes have traditionally been considered a legal matter. More recent trends have seen the recognition of divorce and custody as both legal and psychological events. This necessitated the involvement of professionals of the helping services in custody recommendations. Such a multidisciplinary approach is currently taken by the Office of the Family Advocate, Pretoria, in disputed custody matters. It is suggested that the way in which the problem of custody is currently defined, is on a pragmatic level, and does not include a higher-order awareness as implied by an ecosystemic epistemology. Such an awareness denotes self-reflexivity, and calls for a more aesthetic emphasis. The dialectic between aesthetics and pragmatics is maintained by means of a descriptive look at the various systems involved in a disputed custody case. Adopting an ecosystemic epistemology is recommended, through the metaphor of mediation, as a further evolution of an already changing process. / Psychology / M.A. (Clinical Psychology)

Cette recherche, de type exploratoire et descriptif, s’intéresse à l’expérience et au point de vue des parents à l’égard de l’implication directe de leurs enfants en médiation familiale. La méthodologie privilégiée pour réaliser cette étude est qualitative, et la perspective théorique utilisée est la phénoménologie. L’échantillon est constitué de huit parents, tous ayant participé à une entrevue semi-dirigée au sujet de l’implication de leurs enfants dans le processus de médiation familiale. Les données ont été recueillies entre le mois de mai et octobre 2013, et ont été analysées en s’appuyant sur la méthode d’analyse de contenu telle que proposée par L’Écuyer (1990) ainsi que Mayer et Deslauriers (2000). Il ressort de cette recherche que l’implication directe des enfants en médiation familiale a une influence considérable sur le processus. En effet, la majorité des participants de la présente étude ont rapporté que l’implication de leurs enfants a été déterminante afin de conclure une entente au sujet du partage des responsabilités parentales. Aussi, les résultats suggèrent que la majorité des participants ont vécu de manière positive la participation de leurs enfants et sont satisfaits des retombées de l’implication. Par contre, quelques parents ont vécu de manière négative cette expérience. De tels résultats mettent en lumière les limites et risques liés à l’implication directe des enfants en médiation familiale. De plus, les modalités d’implication choisies par les médiateurs familiaux semblent avoir influencé le vécu des parents et de leurs enfants dans le processus. Les résultats donnent également accès à la perception des parents au sujet du vécu de leurs enfants avant, pendant et après le processus d’implication. Une suggestion qui émane de cette recherche est que l’enfant, bien qu’amené à prendre parole dans la médiation familiale, ne doit pas être tenu responsable d’une décision liée au partage des responsabilités parentales. Les conclusions de ce mémoire alimentent une stratégie en médiation familiale qui est peu documentée à partir de l’expérience et du point de vue des parents. / This exploratory and descriptive research focuses on the experience and perspective of parents with regard to the direct participation of children in family mediation. To carry out this study, a qualitative research method was used and the phenomenology theoretical perspective was chosen. The sample consists of eight parents, all who participated in a semi-structured interview on the involvement of their children in family mediation. Data was collected between May and October 2013, and was analyzed based on the content analysis method as proposed by L'Ecuyer (1990) and Mayer and Deslauriers (2000). It is clear from this research that the direct involvement of children in family mediation has considerable influence on the process. Indeed, the majority of participants in this study reported that their children’s involvement was crucial to reach an agreement about shared parenting. Also, the results suggest that the majority of participants had positively experience the participation of their children and were satisfied with the benefits of the involvement. However, some parents lived this experience in a negative way. Those results highlighted the limitations and hazards associated with the direct involvement of children in family mediation. The terms of involvement chosen by family mediators also appeared to have influenced the experiences of parents and their children in the process. The results of this research provide access to the perception of parents about their children’s experiences before, during and after the process. A suggestion that comes from this study is that the child, although brought to give an opinion in family mediation, should not be held responsible for any decision related to shared parenting, for example the choice of care arrangements. The conclusions of this paper feed a family mediation strategy that is poorly documented from the point of view and experience of parents.