VII. Implementation of Mediators as Mandatory Reporters
Implementation would take place through statutes which would clearly describe a mediator’s duty. Provisions could be added for when a mediator may continue the mediation, terminate the mediation, or continue the mediation. California could enact a statute to allow mandated reporting or other reporting such as domestic violence. The drafters could look to case law and develop similar standards. The standards could vary depending on whether or not the report was to an enforcement agency like Children Protective Services or Adult Protective Services or if the report needs to be made to law enforcement officials.
The standards would have to be understandable so that a reasonably prudent mediator would know when their duty to report is triggered. The question would be how far the duty should extend, meaning whether the duty extends to any allegation of abuse or whether there would need to be a nexus between the parties in the mediation and the actual allegation. Therefore, would there be a duty to report if a soon to be ex-wife accused her soon to be ex-husband’s sister of stealing from their mother who happens to be over 65? Or on the other hand, if a wife did not agree to visitation to the father unless he lives with his brother who is being accused of sexually abusing the couple’s children.
Some mediators today will already voluntarily report this information. Mediators can use their discretion to report these allegations. The Model Standards allow mediators to report information regarding crimes. Other mediators will write provisions into the agreement to mediate so that all parties are aware of the fact mediators will report the information if they chose to. Mediators ca...
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...ult though for a complaining party to determine and the mediator could still be off the hook under an immunity theory.
VIII. Conclusion
Preventing abuse, neglect, and abandonment should be a moral obligation of every person. Formalizing one profession to become mandated reporters will not distort the legal process or cause mass chaos. Parties to mediation will still be able to use mediation to the extent available for their case. Mediators can be trained to recognize when their duty as a mandated reporter would be triggered. If the duty can save one life or even one person for abuse, neglect or abandonment the statue will have accomplished its job. Policy considerations dictate that human life is more valuable than maintaining confidentiality or adhering to any other ethical guidelines. The loss of life is the ultimate loss that cannot be compensated by any means.
MSW intern spoke with ct’s mother via telephone to gather additional information for ct’s initial assessment. MSW intern obtained verbal consent to disclose information to CSW Talin Boghossian for the purpose of gathering information to conceptualize the case and guide treatment (Release of Information to be obtained and filed in ct’s chart during next face to face session). MSW intern inquired about ct’s medical hx, trauma hx/trauma exposure to which mo expressed concern ct may be vulnerable to victimization and was exposed to DV one time when ct was 3-4 years old; and child abuse/protective service information to which mo reported police intervention on 1/31/16. MSW intern gathered information regarding ct’s developmental hx, developmental
In psychological research it is important to understand the effects of moderators and mediators to the research being conducted. A moderator is a variable that exists prior to the experiment which affects the reaction of the independent variable on the dependent variable. A mediator is a variable that reduces the significance of the relationship of an independent variable on the dependent variable. A way to understand this concept is to explore specific examples.
In order for unification to go well the Mi Sun’s family has to be open minded to providing compassion, love, and safety due to abuse being traumatic. From there, advocacy work should be done on behalf on Mi Sun so the father receives domestic violence classes to ensure Mi Sun’s safety should she be unified and be returned back home. Frequent check-ins should be required to ensure the family has not suppressed Mi Sun’s voice to expression any abuse or wrong doing. Should Mi Sun be placed at a foster family the foster family should be aware of how Mi Sun’s cultural aspects may have prolonged her reporting of the abuse and how their family structure does not allow Mi Sun to be an
Participating in the Mandated Reporter Training is a helpful tool for understanding the role of a social worker as a professional if and when one learns information concerning abuse of a minor. The goal of a social worker is to improve the quality of life for all individuals and if one learns about any type of abuse-physical, sexual, emotional, and/or neglect- it is their responsibility to bring this information to the proper authorities. The training stated that, “Research has shown that when multidisciplinary protocols are followed arrest and prosecution rates increase and trauma to the child decreases” (Arizona Child Abuse Info Center).
Umbreit, M. S. (1998). Restorative Justice Through Victim-Offender Mediation: A Multi-Site Assessment. Western Criminology Review, 1(1). Retrieved March 17, 2014, from http://wcr.sonoma.edu/v1n1/umbreit.html
New Jersey has the strongest explicit reporting duties, modifying the standard model clause’s optional “may” report language to “shall” r...
All the benefits provided by CAPTA are important, but one highly important benefit CAPTA provides for infants and children is that all allegations of child abuse and neglect must be investigated to ensure the well-being and safety of every infant and child. After allegations of child abuse and neglect are reported an investigation is the next step in protecting every child. Another benefit of CAPTA for infants and children is that if the heart wrenching experience of child abuse or neglect occur the state CPS systems and private organizations are trained and prepared to provide treatment for the child. In a like manner, CAPTA provides benefits for women and families by providing support and services that address domestic violence. CAPTA also promotes family involvement in all aspects of a CPS case involving child abuse and neglect. The states benefit by the foundation that CAPTA sets regarding the functioning of CPS systems and in a financial aspect. CAPTA provides funding to “Support child abuse and prevention activities by funding discretionary grants to states and/or public or private agencies or organizations” (California Department of Child Services, 2011). Everyone benefits when CPS systems according to CAPTA policies, “The act’s sponsors meant to feature three important themes of CPS reform in these amendments, including encouraging the involvement of family members in a child welfare agency’s decisions process; promoting and enhancing COS collaboration with domestic violence services and substance abuse treatment programs, and increasing the use of differential response by states through the use of noninvestigative/nonaccusatory approach to responding to reports of child maltreatment” (American Bar Association,
Reimund, M.E. (2004). Confidentiality in Victim Offender Mediation: A False Promise. Journal of Dispute Resolution, 401-427.
...reporting to need to be altered. The victims need to be able to have their cases heard in civil courts in order to be more fairly compensated for their attacks.
Congress’s initial main exertion to address domestic violence was the Family Violence Prevention and Services Act, legislated in 1984.This legislation was thought up to help states in efforts to spread public awareness about family violence and to give shelters and other succor for victims of family violence and their children. It gives for technological assistance, training, and resource centers, and allowances to states and not-for-profit agencies to expand family violence services and model programs for childhood education about domestic violence. Years later, The Violence Against Women Act of 1994 (VAWA) was carried, reflecting a rising national acknowledgement that domestic violence continues to be a serious problem. The federal policies voiced in VAWA ought to be seen in the framework of continuing state efforts to endow legal antidotes for domestic violence. The Federal Violence Against Women Act (VAWA) consist of necessities to enhance police force, criminal justice, and state court system litany to domestic violence; enhance the integer of prevention, intercession, and counseling programs and defend abused immigrant women from deportation. Nevertheless, even though VAWA is a significant step toward an inclusive, national reaction to the enigma of domestic violence, its efficiency has been restricted. The legal remedies it generates have been critique as excessively narrow and have been involved in constitutional dispute...
People need to be more informed about different forms of violence and abuse problems in society in order to know when to report unacceptable behavior. Too often things are unreported or undetected due to people being unaware on what to do leaving children in an inadequate situation. Several key people in communities like teachers, physicians, dentists, hospitals, or daycares are mandated reporters where they are obligated to observe the well-being of each child and report misbehavior if necessary. Recently, there has been a jump in violent behavior reports due to changes in legislation and a shift in attitudes of the general public on the harmful effects of children (Lavergne et al., 2011). Child Protective Services can step in to provide different resources or help groups to help the family to get back on their feet. Some of the services are shelter services, counseling, family violence centers, and temporary emergency care. The temporary emergency center like the Children’s Haven is a safe neutral location for children to go while families are experiencing crisis. Law enforcement can decide to place children from violence or substance abuse situations in a neutral setting until a foster care has enough openings for every child to be placed together. Temporary emergency centers can also provide support for parents undergoing traumatic situations for instance if a mother is trying
A group can only be called a team if the members are actively working together toward a common goal. A team must have the capability to set goals, make decisions, solve problems, and share responsibilities. For a team to be successful, trust must be earned between its members by being consistent and reliable (Temme & Katzel, 2005). When more than one person is working on a particular task, inconsistent views or opinions commonly arise. People come from different backgrounds and live through different life experiences therefore, even when working towards a common goal, they will not always see eye to eye. Major conflict that is not dealt with can devastate a team or organization (Make Conflict Work, 2008). In some situations, conflict can be more constructive than destructive. Recognizing the difference between conflict that is constructive to the team and conflict that is destructive to the team is important. Trying to prevent the conflict is not always the best way to manage conflict when working within a team setting. Understanding conflict, what causes it, and how to resolve conflict effectively, should consume full concentration.
Although functions of mediators and arbitrators have several characteristics in common, there are significant instrumental differences that make them distinct from one another. Firstly, whereas the arbitration process is similar to litigation in its adversarial nature, in which parties have the objective to win the dispute, the fundamental goal of mediation is to bring the disputants to settlement through compromise and cooperation without finding a guilty party. In arbitration, parties compete against each other in “win-lose” situation. During mediation, parties work on mutually acceptable conditions with the assistance of a facilitator. In this process, mediators do not have power to make decisions, they work to reconcile the competing needs and interests of involved parties. The mediator’s tasks are to assist disputants to identify, understand, and articulate their needs and interests to each other (Christopher W. Moore,
Mediation is a form of the Alternative Dispute Resolution (ADR). Mediation is a process which it assists disputed parties to arrive to a mutually agreed resolution without going to court. As the out of court problem solving approach, mediation is a more convenient way for parties which trying to avoid the hassle and loving some flexibility from the more rigid court procedure. Mediation can be said as an informal process of which parties during this process is encouraged to work together among the disputed parties in good faith in order to solve their problems and disputes at a lower financial cost and it consume lesser time as opposed to the court procedure. Mediation recently has become more common as one of dispute resolution process especially for disputes which have relations to divorce matter, child custody or even for child visitation especially for its privacy and confidentiality.
Mediation being an informal procedure, it has a less adversarial nature. Hence, mediation is considered as an efficient and cost-effective means of dispute settlement in general. Mediation is a mode of alternate dispute resolution which enables the public funds to be saved and also bolster the economy. In this sub-chapter, we will have a further look on the cost-effectiveness of mediation through medical negligence.