Dispute Resolution Referrals
CASE MANAGEMENT
Case management is a nonconfidential process in which a court-appointed neutral case manager helps the parties by providing a procedure other than mediation to aid negotiating a plan for child custody, residency, or parenting time, or in which the case manager makes recommendations to the court. Case managers are often used with high-conflict families and may make decisions/recommendations on any topic parents are struggling with.
CIVIL MEDIATION
Civil mediation is a confidential process by which a neutral mediator assists disputing parties in civil cases other than small claims. Civil cases are generally where the parties are suing for money or assets. The mediation process can be voluntary in any civil case where the parties agree it should be mediated. Mediation may also be court – ordered. An agreement reached by the parties is to be based on the decisions of the parties and not the decisions of the mediator. General civil disputes, other than small claims, are mediated by a Supreme Court Approved Civil Mediator or an attorney licensed to practice law in the State of Kansas.
CORE MEDIATION
Core mediation is a confidential process where a neutral mediator assists parties in neighborhood, community, small claims, and other similar disputes. This dispute resolution process can be voluntary or court -ordered. An agreement reached by the parties is based on the decisions of the parties and not the decisions of the mediator. Core concerns are mediated by a Supreme Court Approved Core Mediator or an attorney licensed to practice law in the State of Kansas
DOMESTIC CONCILIATION
Domestic conciliation is a nonconfidential process where a neutral person helps parents reach resolution by improving communication, settling differences, and finding solutions to conflict. Conciliation is often similar to mediation other than the fact it is non-confidential. If parties reach agreements, those are usually forwarded to the court; if there are issues at impasse, information may be reported to the court depending on what the court-order specifies. Conciliation is generally court ordered, and providers are Supreme Court approved conciliators or attorneys licensed to practice law in the State of Kansas.
Domestic Conciliation Referrals
DOMESTIC MEDIATION
Domestic mediation is a confidential process by which a neutral third-part assists families in disagreement. This may happen during a divorce process to deal with property/financial issues or issues regarding children. Never married, but separated, parents may also use domestic mediation for unresolved issues regarding parenting time or other parenting concerns. Domestic mediation may be voluntary or court ordered. Many jurisdictions require mediation for any non-financial issues regarding children, prior to a court-hearing. Domestic disputes in Kansas are mediated by a Supreme court Approved Domestic Mediator or an attorney licensed to practice law in the State of Kansas.
Domestic Mediation Referral List
MENTOR
Mentor mediation is the process of using experienced, approved mentor mediators to supervise newly trained mediators to satisfy the co-mediation requirement for the Kansas Supreme Court approval process. A mentor mediator is an approved mediator who meets the requirements under Supreme Court Rule 912.
PARENT-ADOLESCENT MEDIATION
Parent-Adolescent Mediation offers an early intervention option for parents/caregivers and teens in conflict. The process is based on the premise that agreements relating to daily living issues increase trust and communication between parents/caregivers and youth and facilitate resolution of larger issues in the future. Through mediation, more serious problems of family violence, delinquency or placement outside the home may be avoided. Parent-adolescent mediation can also be a useful option when youth have been placed outside the home and plans need to be made for return to the home setting.
The parent-adolescent mediation model is short-term, usually consisting of two to three meetings that may last up to two hours each. A series of joint and individual sessions with family members is typically utilized in the process. While the items in a mutual agreement may seem minor (curfew hours, household responsibilities, improved communication, time with friends, or school issues, etc.), the process of reaching the agreement may be new to the family.
Referrals generally come from schools, child welfare services, courts, mental health providers, domestic mediators or from families themselves.
Parent Adolescent Mediation Referral List
PARENT COORDINATION
Parenting coordination is a nonconfidential, child-focused process where a neutral person helps parents implement court orders or daily parenting matters through assessing parenting skills and the child’s needs, educating parties about the child’s needs, coordinating professional services for the family, and helping the parties reduce harmful family conflicts. Parenting coordinators also act as coaches with an aim or assisting parents to learn more productive coparenting skills. Parent coordinators may also make decisions/recommendations on any of the topics in co-parenting other than a permanent change to parenting schedules.
RESTORATIVE JUSTICE/VICTIM OFFENDER
RESTORATIVE JUSTICE (RJ)
Restorative Justice (RJ) looks at a crime as a harm to relationships – the relationships of the offender to the community and to the victim, the relationship of the victim with the offender, the harming of a community’s sense of safety and individual dignity. The goal of RJ is to restore those relationships – holding the offender accountable for harm done and restoring that offender to a trusted position in the community if possible; making things as right as possible for the victim and for the community; and allowing victim and offender to see each other as human beings. These can involve restorative circles and victim offender mediation/dialogue.
VICTIM-OFFENDER MEDIATION (VOM) (sometimes called Victim-Offender Dialogue)
Using principles of Restorative Justice, VOM involves a facilitated meeting between victim and offender to work out an agreement on how to make things as right as possible for the victim and to repair any harm done to the parties and communities involved. The process begins with the neutral person meeting with the offender – once or more depending on the seriousness of the crime and the mind frame of the offender. The neutral person then meets with the victim. Finally, a joint meeting is held. If an agreement is reached at the joint meeting, the offender has a deadline for carrying out the agreement. Agreements may involve actions by the offender including community service, apology letters, financial restitution, and many other outcomes agreed upon by both parties. VOM can use other processes depending on the situation like family group conferencing and neighborhood boards.
Restorative Justice.V.O Referrals
JUVENILE DEPENDENCY
When children come to court because a parent has hurt them or not taken care of them, this is a juvenile dependency case. Until a child grows up, he or she is dependent on adults and needs their protection. If parents can’t or won’t take care of their child properly, the juvenile court may step in and the child may become “dependent” on the court for safeguarding. When this happens, the child may have to live with relatives or another family for a while. This temporary family is called a foster care family. Usually, parents want to have their child live with them. The judge and social workers will work with parents to make their home healthy and safe. If they succeed, then the child can move back home with the parents. This is called reunification. Sometimes parents can’t make their home safe for the child. Then the judge and others may have to find another home where the child can live safely for a long time. They make a permanent plan for a child.
ARBITRATION
Arbitration is a form of Alternative Dispute Resolution in which the parties work out the disputed issue without going to court. An impartial third party, known as an Arbitrator, is chosen by the parties to listen to their case and make a decision. The meeting takes place outside court, but is much like a hearing, in that both sides present testimony and evidence. As arbitration has been set as a method of relieving the congestion of court calendars, the decision the arbitrator makes is almost always final, and the courts will only rarely reconsider the matter.