Professional Writing on "Mediation Scenario"

Professional Writing 5 pages (1593 words) Sources: 5

[EXCERPT] . . . .

Mediation Scenario

Describe and analyze the ethical and legal issues involved in this case.

One of the ethical issues in this case is the development of the ability to remain neutral in the mediation process. This might prove to be an ethical dilemma in the process of mediation if there is dislike for one of the couples. There is also the ethical issue on what is best for the development of children. In order to ensure that the children in this context develop effectively and appropriately as human beings, it is crucial for the mediation process to achieve applicable decision or agreement. Another ethical issue that might prove crucial during the mediation is the essence of domestic violence. Mediation process must outline the source of the bruises in the female gender of the divorcing partners. Domestic violence might not promote the interest of children in the context. This would play a vital role in the development of the applicable agreement to help solve the sharing problem facing the divorcing couples (Engram, 2005).

The mediation need to decide on what is best for the scenario depending on effective and efficient application of the ethical issues. The other ethical issue is the interest of the children in relation to relocation from the native or original residential home. In this mediation scenario, the divorcing couples have different views in relation to relocation. The mother of the children proposes relocation to a location close to the relatives while the father supports remaining at the original residential place. This ethical issue presents another dilemma since it is the responsibility of the practitioner to assert or further the interests of the children. The legal issue in this mediation scenario is the custody of the children. The final decision of the child custody is by the court of law. The interests of the children in this scenario must be the overriding factor during the discussion. The agreement of the mediation scenario must champion for the interests and development of the children (Grebe, 2009).

What specific State, Federal or International laws would be relevant in assisting you in deciding how to proceed?

The Pennsylvania State's law on custody that would allow me to proceed effectively and efficiently is the promotion of the interests of the children in the context. The discussion need to determine if relocation would promote the interests of the children. There is also the essence of domestic violence that would allow me to determine if the event can promote the interests of the children. The federal law that would facilitate my attempts to resolve the situation is promoting the interest of the children. According to the federal laws of custody, both parents have equal rights to obtain the custody of their children. This would lay appropriate ground in determining the qualifications of the divorcing couples to have custody of the children. The other federal law would be promotion of the interests of the children. The mediation scenario needs to evaluate the best solution to enhance the development of children. This law is in accordance with the international laws governing the custody of children mediation during a divorce. It would play a critical role in enabling me as the practitioner to proceed with the mediation (Zemmelman, 2010).

Consider the principles guiding mediation at the regional, state, or national level. What specific principle can you identify that would be relevant to this case? If the principle you chose were a nationally accepted standard in mediation, how would that affect its impact on your approach to this case?

In Pennsylvania State, there are several principles that apply to the case or the mediation scenario. The first principle of the custody of children is the interest of the children. The interests of the children would be the overriding factor, to enable me come up with applicable direction to the court of law. There is no clear definition of the best interest of children in the context of laws governing children custody in the region or state. In determining the interest of the children, the principle considers character and fitness levels of the couples, nature of the environment or living situation, parenting abilities, and economic potential of the couples to sustain the physical, emotional, and intellectual development of the child. The second principle in the Pennsylvania State governing the custody of children relates to siblings. The agreement must ensure that the two children remain together if there is no valid reason for their separation. The third principle governing the custody of children in this state is the adoption of the uniform child custody act. This act states that Pennsylvania has the authority to recognize and enforce the children custody orders made in relation to other states (Bertin, 2003).

The act also indicates that the custody orders in Pennsylvania enjoy recognition and execution in any state. The principles of the custody of children in this region promote the execution of counseling to families experiencing divorce. The principles of the state of Pennsylvania in relation to the custody of children indicate that grandparents have the right to custody of the children in case anything happens to the parents. There is also the inclusion of basic terms or definition to legal terms thus enables the process to avoid misinterpretation. For instance, according to these principles, the term legal custody refers to the ability of the parent to make key decisions promoting the interests of children with no limitation to education, medical, and religious decisions. Physical custody refers to the actual possession or control of the child or children in this context (Bertin, 2003).

These principles are nationally accepted hence would facilitate effective and efficient decision-making process. The universal acceptance of these principles indicates that even if the mother wins the custody of the children, the decision would undergo execution or enforcement in any state since she plans on relocating. The other principle that would be beneficial for the development of applicable decision would be championing for the interests of the children. The outcome of the mediation scenario must ensure that the children would develop psychologically, educationally, and emotionally. Consideration of the economic potential of the couples would be necessary for this mediation scenario. In the process of discussion or mediation, I would have to evaluate the potentiality of the parents to provide for the necessities of the children (Bertin, 2003).

Provide a case plan, which details how you would proceed with this couple. What resources would you use? What approach would you take? What professional tools would you require?

The case plan for the divorcing couples in relation to the custody of the children would start with the agreement of the time for the meeting (scheduling meeting or sessions). The programs would evaluate the positions of the parents separately. This indicates that, the program would organize separate evaluation sessions for each couple. I would also encourage the mother of the children to attend counseling sessions to enable her develop courage and disclose the reasons behind the bruises. This would offer insight in the character of the parents especially the father if, in any case, he has something to do with the bruises. Since the experience of divorce, can difficult to couples and the children, it is necessary to design effective and efficient therapeutic sessions to the family. I would also propose to couple the opportunity of adopting shared custody as an option to their failure of agreement on this issue. This would entail exchange on the location of the children at different times of the year. The parents would enjoy equal rights in relation to possession and control of children. In case of failure to agree on the shared custody, it would be beneficial to evaluate the characters and economic potentialities of the parents. This would be vital for the interests of the… READ MORE

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