scholarly journals TEORIJSKI OKVIRI ZA PRIMJENU OSNAŽIVANJA U MEDIJACIJI RODITELJSKIH SUKOBA

2020 ◽  
Vol 27 (2) ◽  
pp. 213-230
Author(s):  
Kristina Urbanc

THEORETICAL FRAMEWORKS FOR THE APPLICATION OF EMPOWERMENT IN THE MEDIATION OF PARENTAL CONFLICTS ABSTRACT Empowerment is a process which enables the mediation participants to gain or regain the control of their own lives and which includes the recognition of the sources of their inability and learning of the ways and methods to achieve the desired outcomes by activating the strengths and resources of the participants. Empowerment enables the establishment of the balance of power in the relationships and emphasises the role of the participants, their right to self-determination and their own decision-making, which is of key importance in the process of the mediation of parental conflicts. Even when an agreement was reached in the mediation of parental conflicts, it has been shown that its implementation is often very complex, especially if it was reached directively, since the needs of the family parent and children are more complex than that. Therefore the paper presents the concept of empowerment and the possibility of its implementation in mediation and some other theoretical concepts significant for understanding of the complex family and parental dynamics during and after the divorce. The understanding and application of these theoretical concepts in the family mediation practice is important for the mediators in order to empower the participants in a timely and effective manner to, even if they fail to reach an agreement, improve their level of readiness to reshape the conflicted relationship which, when the parents are in question, continues even after the termination of partner relationships. Key words: family mediation, parental conflicts, empowerment.

Temida ◽  
2010 ◽  
Vol 13 (3) ◽  
pp. 25-40
Author(s):  
Vera Despotovic-Stanarevic ◽  
Tamara Dzamonja-Ignjatovic

This paper presents a model of the implementation of mediation in cases where a power disbalance between partners exists. The model includes relevant theoretical concepts which are important for understanding of violence phenomenon in the family, and the contemporary approaches to the work on balancing unequal power in relationships. In creating the model of family mediation in cases including violence, some basic concepts of mediation procedures are modified or adjusted (neutrality, confidentiality), as well as the concept of circular causality and complementary relationships from a systemic perspective. Implementation of interdisciplinary approach is proposed for efficient work on balancing the power in relations and using various working domains. The confession of violent behavior and the acceptance of personal responsibility by the offender, and the readiness of both sides to take part in restoration of a relationship are basic principles of restorative justice that is fundamental for victim- offender mediation. Therefore, those conditions are also necessary for a family mediation in cases including elements of violence, if the security for the victim is provided and guaranteed.


2017 ◽  
Vol 2 (105) ◽  
pp. 27-32
Author(s):  
Enrika Kromerova

Background. Aiming at understanding what influences youth sports experiences, researchers emphasize the significance of the role of the family not only in the decision to get engaged in sports activities, but also in the inclination to continue the activities. The increasing emphasis is on parental involvement and the impact of positive and negative verbal behaviour influence on the psychosocial state of children engaged in sport. The aim of this article was a conceptual overview of the family role, as the most significant microenvironment, in children’s sports activities. Methods. Analysis and discussion of scientific literature. Results. Parental behaviour entails different reactions of children engaged in sports, but on the basis of self- determination and achievement goal theories, it can be argued that the behaviour of the family should encourage athletes’ mastery orientation, and consequently, a more pro-social conduct and moral reasoning can be expected. Conclusions. Systematic literature review showed that both theories are in favour of actions and strategy, with reference to parents’ encouragement to involve children in a task, while reducing their ego functioning. It can be concluded that parents perceive their behaviour differently from that of their children, so often parents’ positive reinforcement can have a negative impact on athletes’ psychosocial state, values, behaviour and goal-setting at present and in the future.


2018 ◽  
Vol 35 (1) ◽  
Author(s):  
Susan Douglas

Revision of the National Mediator Accreditation System, effective from 1 July 2015, removes the requirement for mediators to demonstrate understanding of neutrality as an ethical competency. The principle of impartiality has been retained and the principle of self-determination has been newly included as an ethical competency. The self-determination of participants, recognised in the original version of the NMAS, has been more clearly articulated as the aim of mediation practice. Abandonment of the principle of neutrality signals a need to reconsider the role of the mediator, which was once identified with control of the process of mediation, though neutral as to its content and outcome. Abandonment of neutrality calls for an alternative frame of reference for ethical practice in mediation. In this paper, the relationship of trust between mediator and parties is proposed as a suitable and defensible alternative ethical framework. It is argued that this relationship can be constructed according to principles associated with fiduciary and therapeutic relationships, in recognition of the distinctive socio-legal context of practice. Abandonment of neutrality also raises issues as to the mediator’s role in achieving fairness for participants. It is argued that relationships of trust provide a convincing framework within which to consider issues of substantive fairness in mediation.


2020 ◽  
Vol 27 (2) ◽  
pp. 287-316
Author(s):  
Jasenka Požega ◽  
Marina Ajduković

EXPERIENCE OF MEDIATORS IN THE FAMILY MEDIATION PROCESS IN THE CASES OF VIOLENCE IN PARTNER RELATIONSHIPS ABSTRACT The paper presents the experience of mediators in the family mediation process in the cases of violence in partner relationships based on the results of a research conducted in seven social welfare centres in which twelve experts adequately trained for the implementation of family mediation participated. The aim of the research was to describe and analyse the experience of the mediators in the family mediation process with the partners who had experienced violence and to determine the possibility of its application in such cases. The qualitative approach was used, and the procedure of topic analysis was used. The research results show that the mediators point out some specific features of the management of the mediation process with the partners who have experienced violence with regard to the safety of the process, establishment of the balance of power and a constructive dialogue of the parties in mediation, which demands the mediators to apply certain techniques and skills. Additionally, the results of the research indicate that the mediators perceive the possibility to implement family mediation with the partners who have experienced violence and that, apart from the basic prerequisites for the implementation of mediation, they emphasise the necessity to recognise the specific prerequisites, such as the time distance from violence, the influence of violence on the victim, creation of safe conditions, good level of the mediators’ education and the application of some procedures which should be conducted in terms of the assessment of violence, safety and selection of the mediation model. Key words: family mediation, violence in partner relationships, experience of mediators, description of the mediation process, possibility to conduct family mediation.


Author(s):  
Nikolay V. Shamanin ◽  
Vitaliy Ye. Lapshin

This article addresses the problem of determining the professional self-determination of younger family members. The article provides an analysis of the views of researchers on the role of the family in the professional development of an individual. The article deals with the problems of professional self-determination in dynastic and non-dynastic families. The question arises, whether the family is a support for its younger members on the basis of which, successful formation of professional qualities of the individual takes place, or the family may produce a "lag effect", ignoring inclinations, flairs and interests of the child. The study allows the authors to conclude that there is a transgenerative transference in the professional self-determination of the individual. The authors suggest that transgenerative transference is the main determining factor of professional self-determination in dynastic families, determining the choice of a profession by younger members of a dynastic family. It has been suggested that transformational phenomena occur in the process of professional self-determination of younger family members according to the types "inversion" (inversion), "hypertrophy" (amplification) and "deformation (distortion)".


2018 ◽  
Vol 35 (1) ◽  
Author(s):  
Rachael Field ◽  
Jonathan Crowe

Over the last 20 to 30 years, the use of mediation in Australia to resolve family disputes has grown significantly. Since the 2006 reforms to the Family Law Act 1975 (Cth), family dispute resolution, a common form of which is family mediation, has effectively become a compulsory first step in post-separation parenting disputes that enter the family law system. There are many good reasons for encouraging parties to participate in family mediation. Mediation is a flexible, cost-effective, time-efficient, more humane, less adversarial way for families to manage and resolve post-separation disputes. Family mediation is also a process that enables party self-determination, empowering the parties to determine together the best arrangements for their family into the future. However, vigilance is required if the capacity of each party to negotiate towards a mutually agreeable outcome is to be effectively sustained and the full potential of the benefits of mediation are truly to be achieved. In this article, we use Ludwig Wittgenstein’s concept of a language game and the related notion of a clash of genres to explore some of the underlying conventions and expectations that create challenges for the parties in family mediation. We then consider how mediators might respond to these challenges and the implications this holds for mediator ethics.


2020 ◽  
Vol 5 (15) ◽  
pp. 263-267
Author(s):  
Norazlina Abdul Aziz ◽  
Nur Ezan Rahmat ◽  
Rozlinda Abdullah

The best interest of the children in divorce cases may be best protected using the family mediation model. Although Malaysia has adopted the practice of mediation, it is not made compulsory for family disputes. This study aims at analyzing the effective interpretation of the 'best interest of a child' by replacing the adversarial platform with a family mediation platform. This study adopts a qualitative approach utilizing doctrinal study, content analysis, and interview. The outcome showed that there is a need to promote family mediation in Malaysia and this may assist the stakeholders in developing a harmonious platform for family disputes.  Keywords: Child’s Rights, family mediation, divorce, developmental psychology   eISSN: 2398-4287© 2020. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v5i15.2413.


1986 ◽  
Vol 45 (2) ◽  
pp. 262-284 ◽  
Author(s):  
Andrew Bainham

The Decision of the House of Lords in Gillick v. West Norfolk and Wisbech Area Health Authority raises fundamental questions concerning the nature of the legal relationship between parents and children and the role of the State in regulating decision-making within the family. Public attention has been focused on the issue of the provision of contraceptives to girls under the age of sixteen years, yet the decision has implications which go well beyond this specific matter. First, the decision invites a re-examination of the approach of English law to the concept of parental rights. Secondly, Lord Scarman's reference to “the child's right to make his own decisions” suggests that it may not be long before a coherent concept of children's rights is incorporated into the law. This would constitute a significant development since although the welfare of children is considered paramount in legal disputes concerning their custody or upbringing, references to the “rights” of children either in statute or case law are comparatively rare. On the occasions when the judiciary recognise that children have rights it is considered a matter of some note.


2020 ◽  
Vol 27 (2) ◽  
pp. 317-340
Author(s):  
Ninoslava Pećnik ◽  
Blaženka Klarić

COPARENTING: DETERMINATION, CHARACTERISTICS AND IMPLICATIONS FOR FAMILY MEDIATION ABSTRACT The definition, conceptualization and the first research studies of coparenting appeared in the beginning of this century, and ever since this process of mutual enterprise of two or more persons who co-operate in the upbringing of a child for whom they share responsibility has aroused a considerable research interest. The primary aim of this review is to present the existing understandings of coparenting as an important family process which influences the entire family, and which is of particular developmental importance for the children. An additional aim is to point to the implications of the united knowledge about coparenting on the family mediation practice in the Republic of Croatia in order to contribute to its development and scientific foundation. The first part of the review represents the theoretical origins for understanding the coparenting, as well as the results of the domestic and foreign research on the connection between coparenting and the characteristics of parental behaviour and the child’s psychosocial adjustment and the specific features of the coparenting after divorce are examined. The second part of the review discusses the implications of the presented knowledge on coparenting for family mediation, which is recognised as a method which is appropriate for helping families in which there are conflicts and problems in various domains of coparenting. The empirical foundation of the need to expand the area of mediation beyond divorce is emphasised, as well as for the development of different models of family mediation practice and for the usage of preventive mediation in the construction of quality family relationships in two-parent families. The importance of the possibility to integrate scientific knowledge on coparenting into the system of knowledge and skills of family mediators is pointed out. Key words: coparenting,parenting, divorce, family mediation.


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