Beruflich Dokumente
Kultur Dokumente
Coordination: Practice,
Research, &
the Interface between
Psychology and Law
APA Pre-Convention Institute
Westin Harbour Castle
Toronto, Ontario
August 5, 2009
1
Role Definition
PC
Psychotherapy
Counseling
Diagnostic or assessment services
Custody evaluations
conflict
Transition from Nuclear to Binuclear
family
Hold and support the children through
adequate functioning within and
between two new family systems
Establish and maintain effective
communication system
Maintain a reliable access schedule
7
Sources of Authority
for PC Practice
Implementation of PC role
State
Appointment
Stipulation
Court
Order
Consent Agreement with PC
11
Scope of Authority
Mediator/arbitrator:
If the parents
are not successful in negotiating
resolution of issues in a timely way,
the PC may resolve the dispute.
PC
Court
14
Domestic
violence screening
Fee arrangements
Quasi-judicial immunity
Grievance procedures
Continuing jurisdiction
Bartlett, 2005; Kirkland, 2007
15
APA Guidelines
Task
Practice
Created
practice
One
year in development
17
18
19
ALBERTA
20
20
BRITISH COLUMBIA
www.bcparentingcoordinators.ca
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21
ONTARIO
www.attorneygeneral.jus.gov.on.ca
No
legislation in ON to order PC
Contract privately
Consistent with AFCC Guidelines
Best practice: Order on consent
Governed by Provincial and
Federal Law
Arbitration Act, S.O. 1991, Family Statute Law
Amendment Act, 2006, Family Law Act, RSO
1990 c.F.3, Divorce Act
22
22
STATE OF PC PRACTICE
& LEGISLATION:
NORTH AMERICA
Debra K. Carter, Ph.D.
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26
(until 10.1.09)
Kentucky
Massachusetts
New Hampshire
New Jersey where there are pilot
programs in four Counties.
Delaware has a small pilot program
British Columbia, CANADA -- uniform
Parenting Coordination agreement 27
PC Characteristics
Matthew J. Sullivan, Ph.D.
www.californiaparentingcoordinator.com
28
PC Characteristics
Multidisciplinary
44% Psychologists, 11% attorneys
Experienced
18 years, 8 years PC work
Fees- $20-$400
Retainer - 20 hours
Term
1-3 years
Complaints
11% formal complaints
Kirkland and Sullivan, FCR, 2008
29
Introducing
The District of Columbia
Superior Courts Office of the
Parenting Coordinator:
A Collaboration with the American Psychological
Association Practice Organization to Expand the Role of
Parenting Coordination in the Courts
30
of literature
Psycho-education
Intense Supervision and team work
Consultations and team staffing
Interventions: Culturally appropriate,
individualized, innovative, stepped,
community based
31
Model of Training
Follows
34
35
Develop
Call
a work group
37
38
39
children
needs children
family structures
Appropriate?
Modification of Interventions
42
Assess
pattern(s) of DV prior to
separation/divorce and currently
If
Personal
Psychological
Physical
Sexual
Rape, forced unwanted sexual behaviors, coercion,
harassment
Financial
Couple Violence
Coercive Controlling Violence
Violent Resistance
Separation Instigated Violence
Babcock et al, 2004; Capaldi & Owen, 2001; Dutton,
2005; Ellis & Stuckless, 1996; Johnson, 1999; Johnson,
2005, 2006; Johnson & Leone, 2005; Johnston &
Campbell, 1993; Kelly, 2002; Kelly & Johnson, 2008;
Magdol et al, 1997, 1998; Salari & Baldwin, 2002;
Statistics Canada, 2001; Ver Steegh, 2005.
45
47
48
Coercive-Controlling Violence
(Classic Battering)
Sexual assaults
Being seriously hurt physically
Called police
Left home
Partners drinking
Outbursts of anger
Poor communication and social skills
Extreme possessiveness, jealousy, emotional
dependence
General control
Ellis & Stuckless, 2006; Ellis, et al, 2006
53
Johnston & Campbell, 1993; Kelly, 1982; Kelly & Johnson, 2008;
Statistics Canada, 2001; Wallerstein & Kelly, 1980
54
Antisocial personality
disorders
Robin M. Deutsch, Ph.D.
57
Personality Disorders
Cluster
Antisocial Personality
Disregard
Antisocial Personality
Lack
60
Antisocial Personality:
Client Management
Maintain
61
BREAK
9:45-10:00
62
Parent Education as
an Important PC Role
Joan B. Kelly, Ph.D.
63
Examples of relevant
information from divorce
research
67
68
70
Differentiating Dimensions of
Parental Conflict
Intensity
of Conflict
Focus of Conflict
Conflict Expressed through Child
Protective Buffers for Children
Interpersonal vs. Legal Conflict
See Grych, 2005; Kelly, 2000, for reviews
73
in High Conflict
77
and/or encapsulated
conflict between parents
Parallel or cooperative coparenting relationship and style
Limited number of family
transitions
Economic stability
Amato & Gilbreth, 1999; Emery,1999; Hetherington &
Kelly, 2002; Kelly & Emery, 2003; Kelly, 2005; Kelly,
2007; Maccoby & Mnookin, 1992.
78
Categories
of
Parent
Education
(2)
Parenting
79
80
discipline
Holds appropriate expectations for
children
Academic skill encouragement
Monitoring of activities
Amato, 2000; Amato & Fowler, 2002; Buchanan, 96;
Hetherington & Kelly, 2002; Martinez & Forgatch, 2002;
Simons et al, 1999
81
Authoritative Discipline
82
83
involvement
Help with homework and
projects
Emotional support, warmth
Talking about problems
Involvement in school
84
parent-child relationships
and distortions associated with parent
conflict
Child development research
Attachment formation, maintaining
attachment relationships after separation
Age related cognitive, linguistic, social,
emotional capacities and needs
Age related normative behaviors
87
89
Mediation is a process:
To
facilitate communication as a
neutral party between parties
To assist parties in making their own
decisions
To balance communication
To provide containment for
constructive dialogue
To help parents learn how to
communicate more effectively
90
APA Guidelines
Task
Regulation of Mediation
Model
Mediation Certification
Many
More artistry.
To
History of Mediation
The 20th Century saw development of a
new paid profession
Mediation has emerged over the past 30
years as an increasingly popular dispute
resolution alternative to the adversarial
system
O.J. Coogler, Structured Mediation in
Divorce Settlement: A Handbook for
Mediators (1978)-emphasized rules and
structure
99
Research
Early
Current
Models of Practice
Facilitative
Evaluative
Mediator's
Transformative
Developed
Theory-conflict
103
More transformative
Mediators
Emphasizes
Parties
Not
104
Two phenomena of
Transformative
Empowerment-
acknowledges that
the parties need to feel strong rather
than weak-people are empowered when
they grow calmer, more organized
relative to their goals and decision
making
Empowerment- encourages self
respect, self reliance rather than
promoting reliance on someone else to
resolve conflict
105
Recognition
Hybrid Models
Combines
different models of
mediation with other interventions
Mediator plays many roles: facilitator,
educator. child advocate, counselor,
and sometimes evaluator
Question.... Should the model of
mediation be specified and should the
parties be clearly informed?
107
Basic Tools/Strategies
More tools.
Summative reflections-Restating the main
themes and feelings over the conversation
Mirror approach-asking them to put
themselves in the consequences of their
discussion or behavior
Re-establishing a boundary-Im not
comfortable with this.
Reframing-reframing the context of the
statement-every strong statement contains
an underlying interest or concern when
promoted, negative to positive, past to
present
109
Mediation
Parenting Coordination
Confidential process
No confidentiality
Not educational
Often educational
Generally not responsible for the outcome
Generally responsible for the outcome
To facilitate communication between the
parties
To minimize conflict between the parties
111
Mediation and PC
To guide the parties to get to settlement
To guide the process and provide
recommendation or resolution
An intervention that does NOT focus on
the relational aspect
Intervention focused on the working
relationship
Parties emotionally invested in the
process
Parties NOT invested or interested in the
process
112
Summary-The Reflective
Practitioner
Artistry
The PC Arbitration
Role
Matthew J. Sullivan, Ph.D.
114
115
decision-making process,
defined in the stipulation.
Due process considerations, hearings
Trier of fact - collects the data,
determine the facts relevant to the
issue
Anticipate going to Court for review
Procedural errors are often where the
PC decision are scrutinized
116
Be
117
Scope of Authority
Deciding: Arbitration
Arbitration
Discuss the process to be
followed
119
LEGAL ISSUES
- Binding vs. non-binding
- Statutory presumptions
- Confidentiality/arbitrator testifying
- Uniform Arbitration Act (revised)
why its important to know the rules
process in advance
process
121
Take-aways
The
122
CANADIAN
ARBITRATION:
STATUES AND PC
PRACTICES
Barbara Jo Fidler, Ph.D. ,
C.Psych., AccFM
123
DECISION-MAKING
(ARBITRATION) PHASE
When
PC is a SECONDARY
ARBITRATION -- FLA 59.7(1)
Can
be agreed to in advance of a
dispute; as part of separation
agreement or parenting plan
a family arbitration that is conducted
in accordance with a separation
agreement, a court order, or a family
arbitration award that provides the
arbitration of possible future disputes
relating to the ongoing management or
implementation of the agreement,
order or award
127
129
Court
Ordered
new arbitrator/arbitration
Court
obliged to incorporate
award into order unless:
The 30 day period for commencing
appeal has not elapsed
There is pending appeal or
application to set aside award
Award has been set aside or declared
invalid
131
ADDITIONAL LEGAL
REQUIREMENTS
Screening for DV report required
Records
Copy of separation agreement, court order or
family arbitration award authorizing PC
Evidence presented and considered
Notes taken during hearing, if any
Award and written reasons
Kept for at least 10 years after date of award
Anonymous reporting to Ministry of the
Attorney
132
Case Examples
133
133
Writing Agreements,
Recommendations
and Orders
Joan B. Kelly, Ph.D.
134
Examples
The
Smiths:
Medication order
Girls Chorus order
Swimming order
Selection of dentist
140
Practicing at the
Intersection of
Psychology and Law
Debra K. Carter, Ph.D.
Shirley Ann Higuchi, J.D.
141
Parenting Coordination:
A Bridge Between
Psychology & Law
Legal
perspective
Mental
Health perspective
Interdisciplinary
approach enhances
and empowers the PC process
142
Anticipated Collisions
Different
Who
is the client?
Reasonable
Resolutions
143
damages
What
144
of the Judiciary
Other
145
Legislative Involvement
Working
147
LUNCH
12:00-1:00
148
Good Parenting
Coordination
Practices
149
Setting boundaries
Robin M. Deutsch, Ph.D.
150
billing procedure
Retainer policy
Cancellation/nonappearance
Division of fees
Non-payment policy
Discuss
ground rules
No Yelling or berating
Everyone gets a turn
Stay focused on issue at hand
Focus on childrens best interests
152
Boundary challenges
Pull:
Idealization
fame and celebrity
money and lifestyle
Push:
bad behavior
threats
demands
outstanding bill
challenge competence, ethics, and impartiality
153
Management of Parent
Communications
Detailed parenting plans as
disengagement
Matthew J. Sullivan, Ph.D.
154
Co-parent training in
the PC Process
Clear
Manageability, protection
155
156
158
159
GOOD PC PRACTICE:
Managing Noncompliance
Barbara Jo Fidler, Ph.D. ,
C.Psych., AccFM
161
161
162
Ultimately
Parent
Court
no longer involved
PC may:
Report
163
164
Involving Children in
the Parenting
Coordination
Joan B. Kelly,Process
Ph.D.
166
Including Children in PC
Process: Advantages
168
Kelly, 2002
174
No diagnoses, no assessment
On as needed basis
Communication skills
Clarity in word choice, short sentences
Use of empathy
Use of appropriate questions
Restating and reframing
Summarizing
180
Ethical dilemmas,
issues
Robin M. Deutsch, Ph.D.
181
Competence
Hybrid
skills
Core
Competencies
Psychological knowledge
Applicable legal knowledge
Mediation skills
Skill
Consent
Role Clarity
Avoid
role shifts
Avoid personal and business
relationships with parties or relatives
Avoid multiple professional relationships,
e.g. therapeutic and forensic
Avoid services to parties directly related
to PC process
Establish clear boundaries with parties
and counsel
185
Impartiality/Bias
Gather
186
Record Keeping
187
Trouble - beware
Rules
are faulty
to maintain boundaries
Pitfalls
Lack
Risk Management
Court
Qualified
and competent
Consultation
Manageable
with peers
Case load
Maximum
liability coverage as
provided by professional liability
insurer
190
Development of
Ethics
Rules in Florida
Debra K. Carter, PhD
191
192
Principles
Ethical
Standards of Conduct
193
194
Statements
Education
& Training
Responsibility
to the Courts
Responsibility
to the Profession
Resolving
Ethical Issues
195
Break
2:30-2:45
196
Managing the PC
Practice
Forms
Releases
HIPAA
Documents
for File
Questionnaires
Debra K. Carter, Ph.D.
197
MANAGING PC PRACTICE:
Fees, Billing, Failure to
Pay
Barbara Jo Fidler, Ph.D. ,
C.Psych., AccFM
198
198
PRACTICE MUSTS
199
199
200
Case Management
202
203
Collaborative Teams
PC
is organizer/leader
204
Note-Taking as PC
Joan B. Kelly, Ph.D.
205
206
Office Staff
comportment,
responsibilities
Robin M. Deutsch, Ph.D.
207
line = boundaries
Telephone:
rude, demanding,
threatening behaviors from clients
Scheduling
Records:
Caucus
maintenance
space
208
209
PC
210
211
Clients
E-mails
Testify
More
213