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How Can Mediator-Arbitrators and Parenting Coordinators Maintain Their Neutrality?

It can be challenging for FDR professionals to maintain the perception of neutrality in when working in dual functions as mediator-arbitrators and parenting coordinators.  There is an inherent tension in the various roles encompassed in the process. Mediators often engage in tactics that might be seen to show their assessment of the situation.   Even where parties have consented to …
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Do No Harm: Should I Move Fast or Slow?

Whether you have left an unhappy situation, or are heartbroken about being left by someone you love or need—anxiety around the prospect staying connected to your separated spouse is visceral. For children, the frustration and despair is multiplied.  Children have no control over the decisions of their parents, the spread of the coronavirus, nor the conditions in which they find …
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Best Practices for Addressing Power Imbalances and Safety in Family Dispute Resolution Processes: Research, Protocols and the Law

Introduction With courts, for now, restricting services to all but emergency matters due to COVID-19, the demand for alternative dispute resolution services is growing exponentially. The need is greater than ever to ensure that those processes put issues of power imbalance and safety of clients and children first. Private mediation or adjudication is not appropriate in all cases. Professionals should …
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