To see the other types of publications on this topic, follow the link: Divorce mediation.
Dissertations / Theses on the topic 'Divorce mediation'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Divorce mediation.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Langenbrunner, Mary R. "Divorce Mediation." Digital Commons @ East Tennessee State University, 2003. https://dc.etsu.edu/etsu-works/3494.
Full text
2
Bernard, Julia M. "Divorce Mediation." Digital Commons @ East Tennessee State University, 2019. https://dc.etsu.edu/etsu-works/5798.
Full text
3
Monahan, Andrea L. "Power in divorce mediation." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0023/MQ33498.pdf.
Full text
4
Langenbrunner, Mary R., and A. Disque. "Divorce Mediation: What Is It?" Digital Commons @ East Tennessee State University, 2001. https://dc.etsu.edu/etsu-works/3496.
Full text
5
Free, Stephen H. "Divorce, parent education, and litigation." Virtual Press, 1998. http://liblink.bsu.edu/uhtbin/catkey/1118234.
Full textAbstract:
This study investigated whether attendance at the Children Cope With Divorce program for divorcing parents was associated with differences in the litigation behavior of the parents consistent with a lowered level of conflict between the parties. 130 cases from Morgan County, Indiana, in which the parents attended the program were randomly selected and compared with 130 cases from the same county in which the parents did not attend the program. As a control, 130 cases from before, and 130 cases from after the date on which program attendance became a requirement in Morgan County, were randomly selected from Tipton County, Indiana, where divorcing parents do not attend a program.Measures of mean time in litigation (MTL) and of the numbers of 4 types of court petition were obtained for each of the 4 groups from court records. Four hypotheses predicting an association between program attendance and shorter MTLs and lower mean numbers of court petitions filed were tested. Hypotheses One and Two were tested by one-way multivariate analysis of variance (MANOVA). Hypothesis Three was tested by one-way analysis of variance (ANOVA). Hypothesis Four was tested by 2 X 2 multivariate analysis of variance (MANOVA). All test results were nonsignificant. None of the hypotheses was supported.Possible reasons for the nonsignificant results are presented, as are limitations of the design and methodology. Other possible dependent variables which might be measured are described. The importance of collecting demographic data is mentioned. Limitations of the program studied in this project are discussed at length. In the absence of clear evidence of the effectiveness of any type of such program for divorcing parents, the courts must weigh the possible value of such a program against its cost. However, given our present state of knowledge about such programs, sponsors should select a program which presents a broad range of information.Department of Counseling Psychology and Guidance Services
6
Gentry, Deborah Barnes Rhodes Dent. "Using interactive video to resolve a problem in training family/divorce mediators." Normal, Ill. Illinois State University, 1990. http://wwwlib.umi.com/cr/ilstu/fullcit?p9101112.
Full textAbstract:
Thesis (Ed. D.)--Illinois State University, 1990.Title from title page screen, viewed November 3, 2005. Dissertation Committee: Dent M. Rhodes (chair), Twyman Jones, James A. Knecht, Normand Madore. Includes bibliographical references (leaves 206-215) and abstract. Also available in print.
7
Kimberg, Martha Petro. "Praktykmodel vir egskeidingsevaluering 'n sistemiese perspektief op die belang van die minderjarige kind by sorg en kontak /." Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-11122008-154858.
Full text
8
Thompson, Von. "Law reform, conciliation and domestic violence /." Title page, contents and abstract only, 1998. http://web4.library.adelaide.edu.au/theses/09ARM/09armt477.pdf.
Full text
9
Hermer, Shelley L. "Examining the problem of power in divorce mediation, a naturalistic inquiry." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq24381.pdf.
Full text
10
Muller, Sharon. "The role of social work practice and intervention in divorce mediation." University of Western Cape, 2021. http://hdl.handle.net/11394/8449.
Full textAbstract:
Magister Artium (Social Work) - MA(SW)Marriage is one of the oldest institutions of mankind. It is the coming together of a man and woman for the purpose of procreation and society. In our society marriage is a social institution in which a male individual marries a female individual, provided both have attained their respective adulthood as specified by the law of the state. Although the definition of marriage varies with culture it can, in a nutshell, be defined as a social union or legal contract between spouses that establishes rights and obligations between the two of them, between them and their children and between them and their in-laws. It therefore falls within the ambit of those who are specifically trained in psycho-socio counselling to minimise the damaging consequences of a failed marriage.
11
McCrary, Betty R. "Court-ordered mediation: perceptions and outcomes." Diss., Virginia Tech, 1991. http://hdl.handle.net/10919/39779.
Full text
12
Law, Brian. "Mediator Strategies When Working With Child-Custody and Divorce Cases Involving Intimate Partner Violence." Thesis, University of Oregon, 2014. http://hdl.handle.net/1794/18332.
Full textAbstract:
Many family mediators encounter intimate partner violence (IPV) during the course of child-custody and divorce mediation. By interviewing family mediators in Oregon I have established concrete strategies that mediators use when working with parties who may have a history of IPV. These strategies may be structural, such as building design and intake procedures, or they may be verbal interventions employed during the course of mediation. Mediators employed a wide variety of strategies based on their experience, situations, and intuition. Some strategies, like the use of shuttle mediation, were used by all the mediators I contacted. Other strategies, such as naming problematic behavior, were limited to only a few of the mediators. All the participating family mediators were aware of the possibility of IPV and consciously took measures to limit its influence on the mediation process when it existed.
13
Cotler-Wunsh, Michal. "Understanding and addressing power disparities in divorce mediation : family, feminism & Foucault." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99132.
Full textAbstract:
This thesis is about the possibility of addressing power disparities in divorce mediation in order to maximize the benefits that this alternative practice offers. It describes the development of Alternative Dispute Resolution (ADR) in general and of divorce mediation in particular, primarily through a feminist lens. In doing so it discusses the promise that feminist proponents saw in mediation initially, and then proceeds to describe the breaking of the promise that developed into some of the harshest critique of this process. The thesis explores a critical element of this critique, namely the problematic nature of utilizing mediation in the face of existing power imbalances generally, and in the context of divorce specifically. In order to facilitate the address of incongruities of power, it delves into an examination of the concept of power from several angles. To enhance and deepen the analysis of this concept, it describes Foucault's definitions and understanding of the term, and applies these towards advancing the discussion regarding the possibility of addressing existing inequality in power between parties to a dispute. Finally, it offers some tools that can be used in addressing power disparities in order to ameliorate the mediation process and its results. To this end it describes the ethical guidelines that can be utilized, comprised of internal tools to address power imbalances through mediation styles, as well as external ethical guidelines inherent to the process. Additionally, it suggests legal boundaries that may be utilized to offset possible power discrepancies. It ends with a hopeful message of the possibility of transformation in the face of conflict, thereby entertaining the prospects of a promising future for this alternative to resolving disputes.
14
Cookro, Nicholas A. "Divorce Mediation in Northeast Ohio: Perceptions of Legal and Social Services Professionals." Akron, OH : University of Akron, 2009. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=akron1248100212.
Full textAbstract:
Thesis (M.A.)--University of Akron, School of Family and Consumer Sciences-Child and Family Development, 2009."August, 2009." Title from electronic thesis title page (viewed 11/11/2009) Advisor, Pamela A. Schulze; Faculty Readers, Gary Rosen, David Witt; School Director, Sue Rasor-Greenhalgh; Dean of the College, James M. Lynn; Dean of the Graduate School, George R. Newkome. Includes bibliographical references.
15
Anderson, Jessica Leonard. "Divorcing Couples' Experience With Child Custody Mediation and Litigation." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4415.
Full textAbstract:
Couples who divorce are likely to experience increased levels of psychological distress, decreased levels of happiness, and increased levels of depression. To reduce these negative effects, litigators use mediation to resolve disagreements including child custody disputes. The purpose of this quantitative study was to compare divorcing parents' depression and satisfaction with the process after the use of mediation or litigation. Wexler's theory of therapeutic jurisprudence provided the theoretical framework. Data was collected from 170 participants who were recruited using convenience sampling through Facebook. Participants voluntarily completed a survey which included a researcher developed questionnaire, the Acrimony Scale, the Nonacceptance of Marital Termination, and the Center for Epidemiological Studies-Depression. Results from MANOVA and ANOVA analyses showed that participants who used mediation reported significantly higher levels of fairness and control than parents who used litigation. Findings could be used to inform divorcing parents that mediation may provide them with higher levels of fairness and control. Divorcing couples could be offered mediation services that are more effective and will more likely meet their needs. Court systems could offer mediation as a mandatory first step. This may reduce the number of cases that litigate. Since mediation is generally free, parents would not be forced to pay money for the services and they may end feeling that they had more control within their dispute. If more families experience more fairness and control within their dispute, their overall psychological wellbeing may be improved, thereby positively impacting social change.
16
Anidi, Ugochinyelu Chikodili Nerissa. "Towards the institutionalization of divorce mediation in Nigeria: a case study of Enugu State." Doctoral thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32443.
Full textAbstract:
Nigerian divorce laws and the divorce litigation process pose severe psychological, social-cultural, economic, and legal problems for families going through divorce in Nigeria. This thesis argues that divorce mediation may be able to ameliorate the harsh effects of these laws and process. This thesis seeks to achieve the following objectives: (1) To determine if the divorce mediation process can achieve the goals of a good divorce process, (2) To determine if the divorce mediation process can provide solutions to the myriad of unique problems which face families going through divorce in Nigeria, and (3) To determine the possibility of incorporating divorce mediation into the family dispute resolution system in Nigeria through an institutionalized divorce mediation program at the government-funded citizens' mediation centres. These objectives are achieved through an in-depth review of the customary and statutory laws regulating marriage and divorce in Nigeria as well as a review of the divorce litigation process in Nigeria. This thesis employs both desk and empirical research methods. It examines legislation, policy documents and academic treatises on divorce and divorce mediation. It also utilizes semistructured interviews to examine the Citizens' Rights and Mediation Centre, Enugu State, to determine its viability as a vehicle for the institutionalization of divorce mediation in Nigeria. The thesis finds that indeed divorce mediation achieves the aims of good divorce law. It further finds that while the divorce mediation process is not a panacea, its features lend themselves easily to the resolution of the myriad of problems which face families going through divorce in Nigeria. It also finds that divorce mediation can be incorporated into the Nigerian family dispute resolution system through an institutionalized divorce mediation program at the state-funded citizens' mediation centres present in several states in the country. It concludes that incorporating divorce mediation into the family dispute resolution system in Nigeria will ameliorate some of the harsh effects of the current divorce system. It offers short and long term proposals for the institutionalization of divorce mediation in Nigeria.
17
Bethoney, Christina M. "The role of mediation in child custody and divorce cases in which there is a presence or history of domestic violence." Thesis, Boston University, 2001. https://hdl.handle.net/2144/36763.
Full textAbstract:
Thesis (M.S.)--Boston UniversityPLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis or dissertation. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you.
2031-01-01
18
Gray, Ellen M. "Gender and negotiating power among separating couples testing a process theory of power /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ56229.pdf.
Full text
19
Jones, Tricia Suzanne. "\"Breaking up is hard to do\" : an exploratory investigation of communication behaviors and phases in child-custody divorce meditation /." The Ohio State University, 1985. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487263399024477.
Full text
20
Dheka, Gilbert. "A comparative analysis of community mediation as a tool of transformation in the litigation systems of South Africa and the United States of America." University of the Western Cape, 2016. http://hdl.handle.net/11394/5514.
Full text
21
Leung, Yee-wah Eva, and 梁綺華. "An exploratory study of the issues of integrating divorce mediation service into the existing judicial system." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B31248640.
Full text
22
Edais, Amanda Najeh. "Divorce, Policy, and Law: Returns to Mediation: Who Returns, Referral Sources, Reasons for Returning & Outcomes." Thesis, The University of Arizona, 2013. http://hdl.handle.net/10150/297556.
Full textAbstract:
The majority of courts have instituted a non-adversarial process, mediation, to enable divorcing couples to settle regarding parenting time and custody agreements. To date, there are plenty of studies analyzing the effectiveness of parenting time and custody mediation and the effect on the children involved. The studies, however, do not focus on couples who return to mediation a second, third, and fourth time even after the initial mediation has been settled. The study analyzed 965 couples mandated to attend custody and parenting time mediation in one jurisdiction within a four year follow up period after the initial mediation occurred. Of those couples, 160 (17%) returned to mediation. Of those 160, 24 (2.5%) couples returned a second time and later one couple (.1%) returned to mediation a third time. The outcomes of these returns should be considered when couples voluntarily return versus when they are court mandated to return and differences varying upon fathers and mothers reasons for returning. Data suggests the greater the amount of returns, the greater the inconsistency on why mothers and fathers decide to return to mediation. The study intends to fill in the gaps of mediation research in an attempt to better parenting time and custody mediation.
23
Botha, Jan Adriaan. "Narratiewe pastorale egskeidingsmediasie : stories van hoop (Afrikaans)." Thesis, Pretoria : [s.n.], 2003. http://upetd.up.ac.za/thesis/available/etd-09292004-135315/.
Full text
24
Sukovaty, Beckey D. "A Feminist Philosophical Critique of Domestic Mediation (ADR) Practices in the United States: Realizing Mary Parker Follett's Theory of Empowerment." Thesis, Connect to title online (Scholars' Bank), 2008. http://hdl.handle.net/1794/8480.
Full text
25
Nunnerley, Margaret L. "A study of family mediation during divorce in the Pakistani Muslim community in Bradford : some observations on the implications for the theory and practice of conflict resolution." Thesis, University of Bradford, 2003. http://hdl.handle.net/10454/4335.
Full textAbstract:
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.
26
Van, Zyl Lesbury. "Alternative dispute resolution in the best interests of the child." Thesis, Rhodes University, 1995. http://hdl.handle.net/10962/d1003212.
Full textAbstract:
The development of private divorce mediation appears to offer a friendly and informal alternative to the "hostile" adversarial divorce. A close analysis of its claims, however, shows them to be largely unproven. Urgent attention should therefore be given to the philosophical base of the movement. There is also a need for empirical research and for standardised training. Further unanswered questions relate to the part to be played by different professions, and to professional ethics. It is submitted that the appointment of Family Advocates is a step in the right direction but that the establishment of a full Family Court will best protect children's interests.
27
Ferreira, Paulo Alexandre Milheiro Gaspar. "Audição de crianças e jovens na mediação familiar nos casos de separação e divórcio: um estudo do ponto de vista dos mediadores familiares da Região Autónoma da Madeira." Doctoral thesis, Instituto Superior de Ciências Sociais e Políticas, 2013. http://hdl.handle.net/10400.5/5438.
Full textAbstract:
Tese Doutoramento em Ciências Sociais - SociologiaO tema da Audição de Crianças e Jovens na Mediação Familiar nos casos de separação ou divórcio tem suscitado acalorados e incessantes debates, parecendo não existir quanto a esta questão social, quer no meio académico quer profissional, unanimidade possível. A presente dissertação baseia-se num estudo efetuado na Região Autónoma da Madeira sobre o fenómeno, tendo o mesmo contado basicamente com a realização de entrevistas a vinte e nove (n=29) Mediadores Familiares (pois foram ainda efetuadas mais duas a profissionais sem especialização em Mediação Familiar, mas com experiência técnica na área judicial, designadamente do Direito da Família) com recurso a um Guião elaborado para o efeito, tendo a constituição da amostra, o tratamento e análise da informação obedecido aos princípios preconizados pela metodologia da Grounded Theory. Os dados recolhidos e analisados à luz da metodologia referida permitiram identificar e organizar uma vastíssima panóplia de informação tendo esta sido depois integrada e sistematizada em temas, categorias e subcategorias de análise da informação. Dos resultados obtidos há que relevar os que apontam para a família como lugar de bem e mal-estar, podendo esta última condição, ser determinada pelas ruturas de casal; para liberdade de expressão e de opinião das crianças e dos jovens como forma, entre outras, de salvaguardar o seu superior interesse nos casos de separação e divórcio; para dificuldade e/ou falência do sistema judicial na defesa dos reais interesses das famílias, sobretudo das suas crianças e adolescentes; para dificuldade dos casais desavindos em destrinçar o papel de cônjuges do de progenitores; para a visão da mediação familiar como legítima alternativa aos tribunais no domínio dos conflitos conjugais/familiares; para a marcada divergência de opiniões dos peritos da mediação em relação à presença física dos menores de idade no processo; para a concordância dos mediadores familiares com audição se encontrar sujeita à prévia garantia de condições relacionadas com os progenitores, os próprios filhos, o mediador, o processo de mediação e o contexto social e político onde o mesmo se desenvolve (visão sistémica/ecológica da audição); para a não materialização da audição na atualidade e a acanhada probabilidade de a mesma poder vir a acontecer com regularidade, ou pura e simplesmente não ocorrer, num futuro próximo, por força da sociedade se encontrar impreparada em muitos domínios para o efeito. Os resultados atrás anunciados sugerem principalmente: a) a urgente necessidade de uma profunda alteração da mentalidade que ajude os casais, ou alguns dos seus elementos, a admitir a possibilidade de as suas relações poderem não ser “para todo o sempre”, só possível com políticas e iniciativas públicas de carácter pedagógico, dirigidas à população adulta em geral; b) a premência de uma efetiva aposta na formação universitária pós-graduada dos mediadores familiares, de cariz teórico-prático, na área específica da auscultação a crianças e jovens nos casos de separação e divórcio dos pais; c) a rápida proliferação e entrada em funcionamento de equipas multidisciplinares de apoio/assessoria aos Serviços de Mediação Familiar, públicos ou privados; d) a inadiável configuração e equipamento de espaços adequados à realização das audições que possam ir de encontro às características dos sujeitos; e) a criação e observância de um modelo de participação das crianças e dos jovens no processo de mediação que contemple distintos padrões ou graus de audição tendo especialmente em conta os seus níveis de desenvolvimento cognitivo e emocional.
The theme of child and youth hearings in family mediation in separation or divorce cases has repeatedly caused heated debate, making unanimity, in both professional and academic fields, very far from being achieved. The present dissertation is based on a study performed in the Autonomous Region of Madeira regarding this phenomenon, and it is based on interviews to twenty nine (n=29) Family Mediators (including two additional interviews to professionals without family mediation expertise, however possessing technical experience in Family Law) with a script prepared for that purpose, taking into consideration that the fabric of the sample, the processing and analysis of data obeyed the principles advocated by the Grounded Theory methodologies. Data gathered and analyzed in this methodology has allowed the identification and organization of a broad range of information that was identified into themes, categories and subcategories of data analysis. Considering obtained results, it is important to underline the ones that refer to the family as a place of well being or its opposite, being this latter condition possibly determined by ruptures in the couple; to children and youths’ freedom of expression and opinion as a way, among others, to assure their best interests in cases of separation or divorce; to the hindrance or failure of the legal system in protecting the best interest of families, particularly children and adolescents; to the difficulty of troubled couples in differentiating the role of the spouses from their role as parents; to asserting family mediation as a legitimate alternative to courts of law insofar as couple/family conflicts are concerned; to the well known discrepancy in expert opinions concerning the physical involvement of under aged children in this process; to the guaranteeing of certain conditions related to the parents, the children themselves, the mediator, the actual mediation process and the social/political context in which it is developed (systemic/ecological perspective of hearings) acting as criteria for the accepting of child hearings by family mediators; to the non materialization of child hearings in reality and the slim probability of it happening on a regular basis or actually not happening at all in the near future, for society is, in many ways, unprepared for it.The results listed above suggest mainly: a) the urgent need of a deep change of mentalities, which would help the couples, or one of its members, admit the possibility that their relationships “may not be forever”, such an initiative only being possible through political and public pedagogical enterprises addressed to the general adult population; b) the dire need of focusing on post graduation training (theory and practice) of family mediators, specifically in child and youth hearings in separation and divorce cases; c) the fast proliferation and establishing of multidisciplinary assistance and support teams for private and public Family Mediation Services; d) the unavoidable configuration and equipping of adequate spaces for the hearings, considering the subjects’ specific needs; e) the creating and observing of a child and youth participation model in the process of mediation that would contemplate distinctive degrees or patterns of hearings, considering specially their cognitive and emotional level.
28
Ferrante, Jill A. "Co-parenting in Intact and Divorced Families: Its Impact on Young Adult Adjustment." VCU Scholars Compass, 2005. http://scholarscompass.vcu.edu/etd/1485.
Full textAbstract:
Co-parenting is the ideal parenting relationship after divorce, characterized by involvement of both parents in all decisions regarding their children. Children who report that their parents demonstrate healthy co-parenting are generally better adjusted than their peers who experience unhealthy co-parenting. The present study examined the potential mediating roles of co-parenting and parenting practices upon the relationship between marital status and young adult adjustment. Data were analyzed via structural equation modeling. Participants were 340 undergraduate students from intact and divorced/separated families. Data were obtained via questionnaires that tapped a range of adjustment factors (i.e., mental health, fear of intimacy, work ethic, self esteem, delinquency) along with co-parenting and parenting practices from the young adult's perspective. Results suggest that co-parenting is an important mediator of the relationship between marital status and young adult adjustment. Clinical and policy implications of study findings will be discussed.
29
Ramos, Maria de Fátima. "A mediação familiar na separação conjugal e conflitos parentais: Caracterização e avaliação da satisfação dos clientes que recorrem ao gabinete de mediação familar." Master's thesis, Instituto Superior de Psicologia Aplicada, 2007. http://hdl.handle.net/10400.12/832.
Full textAbstract:
Dissertação de Mestrado em Psicologia LegalO presente trabalho de investigação centra-se na mediação familiar, enquanto processo que poderá, em caso de separação/ divórcio, e em alternativa ao sistema judicial, ajudar os pais, com filhos menores, a dinamizarem estratégias que facilitem, por um lado, a sua co-parentalidade e, por outro, a reorganização da nova família binuclear emergente. A mediação familiar, comparativamente com outros países europeus, é uma área pouco explorada e dinamizada ao nível nacional. Este estudo, de natureza exploratória, tem como principal objectivo determinar a percepção do efeito da mediação familiar, nomeadamente ao nível da satisfação dos clientes (pré-mediados, mediados sem acordo e mediados com acordo) que recorreram ao Gabinete de Mediação Familiar e avaliar em que medida a decisão final influencia essa mesma satisfação. Com este propósito, foi construído um questionário, em três versões, adaptadas à fase processual em que cada cliente terminou o processo. A aplicação dos questionários foi feita, através de correio ou e-mail, a 100 clientes que recorreram ao Gabinete de Mediação Familiar no ano de 2004, após prévio consentimento dos participantes (via telefone). Dos clientes que participaram no estudo. 48 estiveram em processo de pré-mediação, 21 em processo de mediação, mas não alcançaram acordo final e 31 estiveram em mediação e alcançaram um acordo final. Os resultados apontam, em todas as variáveis avaliadas, para uma maior satisfação dos clientes que estiveram em processo de mediação e que alcançaram acordo final. Verificaram-se diferenças significativas e muito significativas entre os três grupos, quando comparados ao nível dos itens de satisfação, tendo-se observado que a variável acordo final influencia favoravelmente a satisfação da população estudada. Na discussão dos resultados são levantadas diversas questões para reflexão, sendo, finalmente, sugeridas algumas recomendações práticas.
30
Idzhar, Rosslan Shamsul. "A web based solution for a law firm to practice mediations and collaborative divorce cases effectively online /." Leeds : University of Leeds, School of Computer Studies, 2008. http://www.comp.leeds.ac.uk/fyproj/reports/0708/Shamsul-Idzhar.pdf.
Full text
31
Mellott, Leanna Marie. "The Association Between Maternal Relationship Transitions and Child Behavioral Outcomes: An Examination of Selection Effects and the Mediating Impact of Parenting." The Ohio State University, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=osu1284119193.
Full text
32
Jobson, Joy. "A descriptive-evaluative study of the role of integrated group work as a mediating influence in the divorce adjustment process in women : a social work study conducted in Cape Town." Master's thesis, University of Cape Town, 1991. http://hdl.handle.net/11427/14942.
Full textAbstract:
Includes bibliography.There has been a steady increase in the specific divorce rate in the western world in past decades. The disruptive effects of divorce are common knowledge. What is less well known is the facilitating or mediating process which enhances divorce adjustment. The issue of divorce adjustment is of concern to mental health professionals. A growing number of divorcing and divorced women have sought divorce group counselling in one particular welfare agency in past years. The researcher has conducted integrated, unstructured groups whose theoretical underpinnings are an eclectic blend of social group work and group psychotherapy theory. The study was conducted as a qualitative descriptive-evaluative case study of two groups of women across a twelve week period. The broad purpose of the study was the description of the influence of participation in an unstructured group on divorce adjustment in women. A major question was the evaluation of those aspects of integrated group work which proved to be a mediating influence on adjustmental variables for women.
33
Lai, Yen-Chieh, and 賴彥杰. "The Research on Divorce Mediation." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/18672593916026435157.
Full text
34
Fleming, Patrick. "Men, women and divorce mediation." Thesis, 1997. http://hdl.handle.net/1885/144201.
Full text
35
Cigler, Elaine. "Mediation : its significance, technology and feasibility in social work services related to divorce issues." Thesis, 2014. http://hdl.handle.net/10210/9639.
Full textAbstract:
D.Litt. et Phil. (Social Work)The Commission of Enquiry in the Structure and Function of the Courts (1983) and subsequent legislation Family Court Act (Act No. 62 of 1985), Divorce Amendment Act (Act 63 of"1985) and the Mediation Divorce Proceedings Act (Act 63 of 1986) recommended and paved the way for a family court with attendant social services to be integrated with aspects of marriage dissolution in South Africa. These proposals and legislation proved both to be innovative and contentious and have occasioned much debate, and stimulated and motivated by the above, t;,e candidate in this dissertation undertakes I an examination of the parameters of the social services envisaged as regards divorce services, with particular reference to the construct of mediation, its significance, technology and feasibility. The research is formulated and structured around the research goals and objectives of acquiring information of an academic as well as a practice nature, with a view to increasing the knowledge base of such service ideology, in order to more effectively evaluate the need for the rendering of such service. The research questions formulated to-provide' both the information and the resultant answers are those that relate to the concept of mediation and the practice thereof; the range and type of social services in a divorce court service; the working of family law systems in other parts of the world and their comparison to proposals for South Africa; the integration of the social services within a court system and the professional equipment of the staff. needed to perform such services. In order to acquire the information to address the issues, the methodology embarked on by the candidate involved the undertaking of a literature study of the field of mediation and family/law courts; correspondence with social services and judico/legal bodies in the United States of America, England, Canada, Australia, New...
36
Himelstein, Sara. "Divorce mediation : considerations on gender characteristics and negotiations." 1988. http://hdl.handle.net/1993/22412.
Full text
37
Tsai, Shu-Ling, and 蔡淑玲. "The Process of Divorce Mediation in Court：Battered women's Experience." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/12427192771446399112.
Full textAbstract:
碩士國立暨南國際大學
社會政策與社會工作學系
101
The aims of this study are to collect and analyze the experiences of battered women’s divorce mediation, including their feeling and responds to the divorce mediation, and to provide practical experiences and responses for battered women and the government. The study adopted qualitative research methods to interview 9 battered women , and found out that divorce mediation process could be divided into 3 types: ‘peaceful’ ‘high risk’ and ‘wait & see’. When women make up their mind to end the marriage, they are in danger of separation assault, ’cause the husbands want to recover the relationship. If the husbands feel sense of power & control, they tend to divorce agreement. Otherwise, they become aggressive & take vengeance. The battered women have mixed feelings about divorce mediation, such as mediators are nice & warm, care about women’s safety & feeling, cool down men’s anger…etc. In addition, they complain about mediators’ attitude, mediating to go home, safety issues, wasting time…etc. Finally, understanding how battered women respond to divorce mediation , our findings and suggestions of divorce mediation are as follows: 1.For the court: (1)Danger screening and information meeting before mediation are very important, cause safety is the best policy. (2) The courts should provide safe enviroment & safe mediation rules and regulaion for victims, and enhance the domestic violence education for mediators. (3) The mass communication of mediation is highly recommended. 2.For the battered women and their informal resources: (1) Support from informal resources can reduce the impact of domestic violence for battered women. In addition to psychological and spiritual supports from families, friends. (2)Battered women should pay more attention with separation assault, and report their fear to the court. (3) Do not hesitate to seek help . 3. For the domestic violence protection network
38
Yu-Ting, Liu, and 劉雨婷. "A preliminary study on clients’ satisfaction of divorce mediation." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/68780948378507771742.
Full textAbstract:
碩士輔仁大學
兒童與家庭學系碩士班
102
This study was to investigate the factors effect clients’ satisfaction of divorce mediation. The data was collected from the court of northern district in Taiwan (n=63) , including 17 couples. The study process and analysis data by using mean, standard deviation, percentage, one-way ANOVA, two-way ANOVA, independent sample t-test, dependent sample t-test, and Pearson product moment correlation. The main findings were: The mean score of mediator satisfaction was 4.61, the mean score of mediation services satisfaction was 4.11 and the mean score of mediation satisfaction was 4.30. Female were more satisfied than male in mediation satisfaction (M=4.28, M=4.33). Depending on the cause of lawsuit with custody and without custody, there were significantly different on mediation services satisfaction (p=0.02<0.05), and there were significantly different on mediation satisfaction (p=0.02<0.05). Depending on the combination of sex, the combination of male client and female mediator were more satisfied than the combination of male client and male mediator in mediation services satisfaction (p=0.008<0.01). Depending on paired parties, female were more satisfied than male in mediator satisfaction (M= 22.47, M= 22.67), female were more satisfied than male in mediation services satisfaction (M= 31.52, M= 32.64), and female were more satisfied than male in mediation satisfaction (M= 53.99, M= 55.31). The willing of attend mediation have positive correlation with the mediator satisfaction (p=0.00<0.01), the willing of attend mediation have positive correlation with mediation services satisfaction (p=0.01<0.05), and the willing of attend mediation have positive correlation with mediation satisfaction (p=0.01<0.05). The mediator satisfaction have positive correlation with mediation services satisfaction (p=0.00<0.01). Finally, we put forward practical implications and suggestions to future research.
39
Lu, Tan Chi, and 呂丹琪. "The Changes and Development of Divorce Decree between Taiwan and China ── also on Divorce Mediation." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/07507197983027200828.
Full textAbstract:
碩士東吳大學
法律學系
98
Marriage is a social union between one man and one woman that creates complicate kinship and relationship. Every one yearns for a successful family life, in fact, not every couple can embrace such happiness forever. In view of increasing high divorce rate and the negative impact bringing to society, it is important to improve the divorce system. Consequently, it will reduce the influence for minor children after their parents’ divorce. From the legislative point of view, this thesis briefly compares the law and developments of divorce decree between China and Taiwan. Chapter Two focuses on the changes and developments of divorce decree in China. In the chapter, I will discuss the specification of divorce decree and the doubt on application separately, prior to the establishment, in 1950, 1980 and year 2001 three times to amend the divorce decree in China. Chapter three states the changes and development of divorce decree in Taiwan. I will discuss the divorce system in ancient time, in 1930, 1985, 2007 and year 2008, the process of amending law, specification and the defect of articles of Taiwan. Chapter four is mainly on divorce mediation, it will present the helpfulness of divorce mediation system to the procedure of divorce and the practice results. Chapter five will discourse on the necessity of introducing divorce mediation system and separation system to Taiwan. Finally, on Chapter six, I will bring up some suggestions for amending laws in the future. Hopefully, we can improve our system to reduce the impact of divorce to those minor children.
40
"離婚輔導: 治療性調解模式與敎會事工." 1999. http://library.cuhk.edu.hk/record=b5890549.
Full textAbstract:
劉一蓉."一九九九年六月"
論文 (神道學碩士)--香港中文大學, 1999.
參考文獻 (leaves 52-58)
附中英文摘要.
"Yi jiu jiu jiu nian liu yue"
Liu Yirong.
Lun wen (shen dao xue shuo shi)--Xianggang Zhong wen da xue, 1999.
Can kao wen xian (leaves 52-58)
Fu Zhong Ying wen zhai yao.
Chapter 第一章 --- 導論 --- p.1
Chapter 一、 --- 研究動機 --- p.2
Chapter 二、 --- 研究目的 --- p.4
Chapter 三、 --- 研究範圍 --- p.4
Chapter 第二章 --- 離婚輔導面面觀一香港華人教會對離婚之關懷 與西方學者對離婚問題研究之比較 --- p.7
Chapter 一、 --- 文獻研究（一）：香港基督教界對離婚之處理現況 --- p.7
Chapter 二、 --- 文獻研究（二）：西方學者對離婚問題的探討 --- p.13
Chapter 三、 --- 香港基督教對離婚現象之處理所出現的問題 --- p.22
Chapter 第三章 --- 教會牧養事工的聖經基礎、目標與途徑 --- p.25
Chapter 一、 --- 教牧輔導的聖經模式 --- p.25
Chapter 二、 --- 教牧輔導的目標 --- p.26
Chapter 三、 --- 教牧輔導的途徑 --- p.27
Chapter 四、 --- 邁向復和的目標 --- p.29
Chapter 五、 --- 復和在教牧輔導中之應用 --- p.31
Chapter 第四章 --- 治療性家庭調解模式與教牧輔導工作 --- p.33
Chapter 一、 --- 復和對離婚夫妻之意義 --- p.33
Chapter 二、 --- 治療性家庭調解模式（Therapeutic family Mediation) --- p.36
Chapter 三、 --- 調解（Mediation)與復和（Reconciliation)之共通 性 --- p.44
Chapter 四、 --- 治療性家庭調解模式應用於離婚信徒之牧養工作 --- p.45
Chapter 第五章 --- 結論 --- p.49
參考書目 --- p.52
41
Schultz, Helga. "A legal discussion of the development of family law mediation in South African law, with comparisons drawn mainly with the Australian family law system." Thesis, 2011. http://hdl.handle.net/10413/6396.
Full text
42
De, Jong Madelene 1963. "Egskeidingsbemiddeling in Suid-Afrika : 'n vergelykende studie." Thesis, 2002. http://hdl.handle.net/10500/1524.
Full textAbstract:
Text in Afrikaans with summaries in Afrikaans and EnglishFor many years divorce has been viewed exclusively as a legal problem that had to be addressed by the courts in our adversarial system of litigation. Divorce, however, also entails social problems which are not addressed in our legal system. It appears further that our adversarial legal system tends to heighten the conflicting interests of individual family members at divorce and to encourage animosity and irreconcilability. In an attempt to ameliorate the harsh consequences of the adversarial legal system at divorce, two no-fault grounds for divorce were introduced to enable divorcing spouses to make the decision about the termination of their marriage themselves. This greater freedom that no-fault divorce afforded parties quickly led to a demand for a new system of dispute resolution at divorce. The Hoexter Commission consequently, recommended the establishment of a family court with a social component where mediation services are offered. In both Australia and New Zealand the introduction of no-fault divorce was attended by the establishment of family courts where mediation services are offered. In mediation the parties involved, with the assistance of an impartial third, may sort out and find solutions to all their divorce-related problems. It also appears that mediation has always played a prominent role in the resolution of family disputes in the indigenous communities of South Africa. Owing to financial restrictions, South Africa is still without a family court. So far, only the Mediation in Certain Divorce Matters Act 24 of 1987 has emanated from the recommendations of the Hoexter Commission. This Act, which provides for the institution of enquiries by the office of the family advocate to determine the best interests of children at divorce, professes in its title to have introduced mediation as an alternative system of dispute resolution at divorce. From the contents of the Act it is apparent, however, that it provides for mediation only in a very limited sense. Consequently, it is necessary to amend this Act to make provision for real, comprehensive and accessible mediation services for the public in all family law disputes. This amendment could best be achieved by regulating existing private and community mediation services and integrating them into the formal legal process.
Egskeiding is baie jare lank as 'n regsprobleem beskou wat in ons adversatiewe stelsel van litigasie uitsluitlik deur die howe uitgestryk moes word. Egskeiding behels egter ook maatskaplike probleme wat nie deur ens regstelsel ondervang word nie. Ons adversatiewe regstelsel verskerp boonop die teenstrydige belange van individuele gesinslede by egskeiding en moedig verbittering en onversoenlikheid aan. Weens die probleme wat die skuldbeginsel en die adversatiewe stelsel vir gades met huweliksprobleme en vir die egskeidingsproses in die algemeen veroorsaak het, is twee skuldlose egskeidingsgronde in 1979 ingevoer wat aan gades wat wil skei, groter inspraak en seggenskap in die hele proses gegee het. Hierdie groter vryheid wat skuldlose egskeiding meegebring het, het spoedig 'n behoefte aan 'n nuwe stelsel van dispuutbeslegting by egskeiding geskep. Die Hoexterkommissie het gevolglik aanbeveel dat 'n gesinshof met 'n maatskaplike komponent ingestel word waarby onder andere bemiddelingsdienste beskikbaar meet wees. In sowel Australie as Nieu-Seeland het die invoering van skuldlose egskeiding inderdaad gepaardgegaan met die instelling van gesinshowe waar bemiddelingsdienste beskikbaar is. In die bemiddelingsproses kan mense self, maar met die bystand van 'n onpartydige derde, al hulle probleme by egskeiding uitsorteer en oplos. Dit blyk verder dat bemiddeling nog altyd 'n prominente rol by die beslegting van gesinsgeskille in inheemsregtelike gemeenskappe in Suid-Afrika gespeel het. Weens finansiele beperkings is Suid-Afrika nog steeds sonder 'n gesinshof. Al wat tot dusver uit die Hoexterkommissie se aanbevelings voortgevloei het, is die Wet op Bemiddeling in Sekere Egskeidingsaangeleenthede 24 van 1987 wat daarvoor voorsiening maak dat die kantoor van die gesinsadvokaat by egskeiding ondersoeke na die beste belange van kinders kan instel. Alhoewel die titel van die Wet voorgee om vir bemiddeling as 'n alternatiewe stelsel van dispuutbeslegting by egskeidng voorsiening te maak, blyk dit uit die inhoud van die Wet dat dit bloot vir 'n baie beperkte vorm van bemiddeling voorsiening maak. Dit is gevolglik nodig dat hierdie Wet gewysig word om by alle familieregtelike kwessies vir ware, omvattende en toeganklike bemiddelingsdienste aan die publiek voorsiening te maak. Die geskikste wyse waarop dit bewerkstellig kan word, is om bestaande private en gemeenskapsbemiddelingsdienste te reguleer en in die formele regsproses te integreer.
Private Law
LL.D.
43
Folb, Susan Gladys. "Attorney's attitudes to divorce mediation, with particular attention to the social worker's role in developing a collaborative approach." Diss., 1992. http://hdl.handle.net/10500/18044.
Full textAbstract:
Recent legislation passed by the South African Parliament has sharpened attention on the importance of mediation in the process of divorce. Without the understanding and cooperation of the legal profession, and of attorneys in
particular, there appears to be small chance that this will be adequately recognised and brought to fruition. The research reported in this dissertation reflects the results of an investigation of Cape Town attorneys working
in the field of divorce. Their attitudes to and knowledge of the concept of divorce mediation are reported, and the
prospects of collaboration between a social work agency and the legal profession in divorce mediation have been
analysed. It is clear that some collaboration is achievable between the social work and legal professions in
this area. A methodology has been developed and validated that is generally applicable, and which could also be used for investigation of other professional groups.Social Work
M.A. (Social Work)
44
Hrbková, Zuzana. "Mediace ve vztahu k vybraným otázkám rozvodu manželství." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-404409.
Full textAbstract:
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...
45
ZELENKOVÁ, Lenka. "Mediace jako možné východisko manželských (rodinných) konfliktů a alternativa soudního řízení." Master's thesis, 2010. http://www.nusl.cz/ntk/nusl-52869.
Full textAbstract:
The diploma thesis deals with non-criminal mediation as the aprropriate method of solving matrimonial causes and family conflicts. It describes the marriage and family, their duties, consequences and historical background. The second chapter deals with matrimonial causes, divorces and their consequences. The third chapter emphasizes the method of mediation and the function of a mediator. The last chapter distinguishes mediation family conflicts {--} mediation of divorce and the upcoming legislature of non-criminal mediation. It shows ethic problems and reflects the legality of mediation approach. The draft law of non-criminal causes is the attachment.
46
VYORALOVÁ, Lucie. "RODINNÁ MEDIACE JAKO ZPŮSOB ŘEŠENÍ RODINNÝCH SPORŮ." Master's thesis, 2010. http://www.nusl.cz/ntk/nusl-51694.
Full textAbstract:
Family mediation as a method of resolving family disputes Family disputes rank among the most mentally and emotionally demanding. Despite that they can be resolved in a cultivated manner through an intermediate. A mediator does not decide the dispute on behalf of the parties but he/she can help them to find their own solution acceptable for all the involved parties. The theoretical part of the thesis outlines the conflict as a subject matter of the mediation. It also describes mediation as a form of negotiation. One part of the thesis is dedicated to the person of the mediator and his/her role and competence in the mediation process. Further, the thesis deals with the process and forms of mediation. The theoretical part also contains a characterization of mediation in family conflicts and it describes objectives of family mediation, its advantages and limitations. It also describes the tasks of the mediator in a divorce procedure and the legal regulation of family mediation. The thesis also deals with children in parental legal disputes and with the importance of a family for a child. The objective of the practical part was to determine how mediation, as a method of resolving divorce disputes, is viewed by workers in charge of social and legal protection of children operating in the South Bohemian region and to determine to what extent the respective social workers are familiar with mediation. In order to obtain comprehensive information about the divorce mediation, we also approached mediators involved in this type of disputes. One of the objectives of the thesis was to determine how the mediators view divorce mediation in the South Bohemian region. Last but not least, I was interested in mutual cooperation between the two involved entities. The purpose of the conducted interviews was to find out whether there are any obstacles which prevent the development of divorce mediation and its more frequent use in the South Bohemian region. Main object, by having answered partial questions, was to describe the potencial of divorce mediation and its real usage in the South Bohemian region. In order to obtain the necessary data we used a qualitative research. As a technique to collect the qualitative data we used semi-structured interviews with open questions. The respondents {--} workers of social and legal protection of children - were asked previously defined circles of questions which focused on a mediation method in general, mediator´s working post, divorce mediation and questions focusing on cooperation with mediators specialized in divorce mediation. The first three circles of questions were identical also for the interviewed mediators. The latter were additionally asked questions about the introduction of divorce mediation and availability of the method. Interviews were recorded on a dictaphone and subsequently converted into a written form. Before the beginning of the interview each interviewed person was assured that the interview was anonymous and no names or workplaces were recorded. For the purposes of a qualitative research we approached seven workers of the authority in charge of social and legal protection of children at workplaces in Písek, České Budějovice, Strakonice and Milevsko. For the purposes of research we also interviewed four mediators dealing with family (divorce) mediation in the South Bohemian region. The results of the thesis may improve the awareness of the discussed issues. The thesis may also serve as a pilot project for a more extensive research.
47
"Pathways from Family Contextual Factors to Romantic Outcomes in Young Adults of Divorced Parents: Mediation through Peer Competence and Coping Efficacy." Doctoral diss., 2012. http://hdl.handle.net/2286/R.I.15047.
Full textAbstract:
abstract: Using a sample of children from divorced homes, the current study assesses the effects of family relationship variables on romantic outcomes in young adulthood, through the influence of several individual-level variables. In particular, children's coping efficacy and peer competence are examined as mediators of the effects of parenting and interparental conflict on children's later romantic involvement and relationship quality. Assessments occurred during childhood, when children were between the ages of nine and 12, in adolescence, when children were ages 15 to 18, and in young adulthood, when children were ages 24 to 27, spanning a period of 15 years. Childhood and adolescent variables were measured using child- and mother-report data and young adult measures were completed by the young adults and their romantic partners. One model was tested using all participants in the sample, regardless of whether they were romantically involved in young adulthood, and revealed that maternal warmth in childhood was linked with children's coping efficacy six years later, which was marginally related to an increased likelihood of being romantically involved and to decreased romantic attachment at the 15-year follow-up. A model with only the participants who were romantically involved in young adulthood also revealed a link between childhood maternal warmth and coping efficacy in adolescence, which was then marginally related to increased romantic satisfaction and to confidence in the romantic relationship in young adulthood. Marginal mediation was also found for several of the proposed paths, and there was little evidence to support path differences between males and females. Implications of the present findings for research with children from divorced families and the development of preventive interventions are discussed. In particular, parenting, interparental conflict, peer competence, and coping efficacy are examined as modifiable targets for change and existing preventive interventions employing these targets are described.Dissertation/Thesis
Ph.D. Psychology 2012
48
Combrinck, Candice. "Experiences of professionals in drafting and implementing parenting plans in high-conflict separation and divorce matters in South Africa." Diss., 2014. http://hdl.handle.net/10500/14317.
Full textAbstract:
This study focused on the experiences of professionals in drafting and implementing parenting plans with high-conflict separating and divorcing families in the South African context. The primary aim of the study was to explore the participants’ personal and professional experiences through an in-depth and sensitive inquiry. The data was collected from five participants using face-to-face, semi-structured interviews. The interviews were analysed using thematic analysis. The results of this study indicate that professionals experience various challenges when working with high-conflict separating and divorcing families. The participants also shared their perceptions regarding parenting plans. Further research on the challenges specific to drafting and implementing parenting plans with high-conflict separating and divorcing families in the South African context is recommendedPsychology
M.A. (Clinical Psychology)
49
Kašparová, Michaela. "Mediace v rodinněprávních sporech." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-323844.
Full textAbstract:
The purpose of my thesis called Mediation in Family law disputes is to analyse benefits between mediation process and judicial proceedings and also point out to references of mediation usage in foreign countries. Another motivation to select this thesis subject is new Act n. 202/2012 Collection of Laws., about mediation. This thesis is divided into eight chapters. Opening chapter is focused on family basic function, especially society influence on family as a basic social unit. The further analysis describes bound of marriage from historical point of view, basic principles of Family law and specific position of Family law subjects. Second chapter defines term conflict, treats of conflict description based on main characteristics. Further analyze is about ways how to resolve conflicts and their justification to have minimum impact on relationships. At the conclusion of this chapter are described conflict mutual influence, communication and mediation. Third chapter deals with basic mediation aspects, description of basic mediation term, historical evolution from ancient time to the present days and shows different characters between mediation and judicial settlement. End of third chapter is focused on three specific principles in mediation, especially pointing out the benefits which are bringing...
50
Roux, Jacques. "Riglyne vir die bemiddeling van beheer en toesig tydens die ontbinding van die gebruiklike huwelik." Thesis, 2015. http://hdl.handle.net/10210/13204.
Full textAbstract:
M.A. (Social Work)Divorce mediation is at this stage accessible mainly to those people married in terms of " the common law. One of the main reasons for this is that social workers lack the knowledge and skills needed to mediate custody during the dissolution of the customary marriage. This explorative-descriptive study aims to develop guidelines for social workers that can be used in resolving custody disputes between parties married in terms of the customary law. A qualitative approach using an inductive strategy was followed to achieve this aim. The research question was formulated as "what guidelines do social workers need to mediate custody during the dissolution of the customary memeqe": A literature review, focusing on the customary marriage and the dissolution of the customary marriage as well as the structure and process of divorce mediation, was firstly undertaken. Secondly a questionnaire was drawn up as part of the pre-test and completed by eight social workers working as family counsellors at the different Offices of the Family Advocate in the Republic of South Africa. The aim of this pre-test was to determine whether social workers are familiar 'with mediating custody during the dissolution of the customary marriage as well as to assess their needs in terms of knowledge and skills pertaining to the research problem. From the results of the pre-test as well as the literature study an unstructured interview schedule was compiled and used to guide a focus group interview with four respondents familiar with the principles of the customary union and the dissolution of the customary union. The purpose of the focus group interview was to identify guidelines social workers can use when mediating custody during the dissolution of the customary union. After having compared the results of the focus group interview with the relevant literature certain conclusions were drawn and recommendations made. In conclusion to this study guidelines were designed to be used by social workers when mediation custody during the dissolution of the customary marriage.