000			04862nam a2200421Ia 4500
001			113329
005			20250625151217.0
008			110331s2007 eng
020			_a0478290330
040			_aWSS _dAFV
082			_a346.930 BAR
100			_aBarwick, Helena _9758
245			_aFamily mediation - evaluation of the pilot _cprepared for the Ministry of Justice by Helena Barwick and Alison Gray
260			_aWellington, New Zealand : _bMinistry of Justice, _c2007
300			_a91 p. ; computer file : PDF format (204Kb)
365			_a00 _b0
520			_aThis report discusses an evaluation of the family mediation pilot that was developed in response to the Law Commission's 2003 report "Dispute Resolution in the Family Court". The Law Commission recommended that non-judge led mediation be introduced as an alternative dispute resolution mechanism in the Family Court. In the pilot, family mediation was available to parties involved in day-to-day care, contact and guardianship proceedings. Family mediation is based on an inclusive model and has several aims which include: to provide assistance to parties to develop their own solutions in relation to their children's care; to resolve disputes faster; and to provide for the participation of children in the decision-making process. The study was undertaken to enable the Ministry of Justice to identify any implementation issues, assess the experiences of various participants (including their satisfaction with the process), and to assess the costs of the pilot. It was piloted in North Shore, Hamilton, Porirua and Christchurch Family Courts between March 2005 and June 2006. Data was collected via document review and evaluation (associated with mediation processes), interviews, and surveys. Although 540 Family Court cases were offered family mediation during the above period, 380 (70%) were referred to mediators, and of these, a total of 257 were completed by 30 June 2006. A major focus of the evaluation was to determine why the number of referrals (expected to be 60 cases per month across the four courts) fell far short of what was estimated. Largely, this was due to lack of clarity about who was eligible for referral. There were several reasons that courts did not refer cases to mediation. One of these was when information concerning domestic violence or sexual abuse had become evident. This led to a reassessment of the appropriateness of referral. In some of the courts it was found that staff had difficulty in trying to decide what level of domestic violence made a party unsuitable for referral to family mediation. Cases involving domestic violence were referred to mediation in all four courts, but only if the perpetrator had attended an appropriate intervention programme or the violence was historical. Results indicate that there were some participants with a history of domestic violence, and that some women felt uncomfortable in terms of being in close proximity to a violent ex-partner. Where a case involved allegations of sexual abuse they were not considered appropriate for family mediation in any of the pilot courts. Cases with CYFS involvement had been referred to mediation in a few instances. However, this was seen as inappropriate because resolution is not possible without CYFS input or agreement. It was found that, in these few cases, the family court coordinator did not know CYFS were involved. It is unclear how this situation could be addressed, other than by improvement of the information sharing process between government departments. Overall, the pilot was considered successful and gave parties the opportunity to address their differences in a congenial setting outside the court, with professional support. Parties were found to improve their communication and level of cooperation in relation to their children. A number of suggestions are made for Ministry of Justice consideration, should family mediation be offered more widely. An appendix provides a comparative analysis between pilot mediations and mediations conducted prior. Record #2611
522			_anz
650	2	4	_aCONTACT (ACCESS) _929
650	2	7	_2FVC _aCARE AND PROTECTION _997
650	2	7	_2FVC _aCHILD NEGLECT _9114
650	2	7	_2FVC _aCHILDREN _9127
650	2	7	_2FVC _aDOMESTIC VIOLENCE _9203
650	2	7	_2FVC _aFAMILIES _9238
650	2	7	_aFAMILY COURT _9241
650	2	7	_2FVC _aJUSTICE _9333
650		0	_aMEDIATION _95472
650	2	7	_2FVC _aRESTORATIVE JUSTICE _9502
650	2	4	_aSOCIAL SERVICES _9555
650	2	7	_9431 _aINTIMATE PARTNER VIOLENCE _2FVC
651		4	_aNEW ZEALAND _92588
650	2	7	_9458 _aPREVENTION _2FVC
650	2	7	_9103 _aCHILD ABUSE _2FVC
650	2	4	_aSEXUAL VIOLENCE _9531
700	1		_aGray, Alison _91254
856	4		_uhttp://www.justice.govt.nz/assets/Documents/Publications/report-2.pdf
942			_2ddc _cREPORT
999			_c2611 _d2611