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Case Management/Mediation For
Termination Of Parental Rights Petitions
MOST FREQUENTLY ASKED QUESTIONS
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1. | Q. | What is Case Management?
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A. |
Case Management is a recently developed tool used by courts throughout the country which effectively manages court calendars. Case managers are assigned specific calendars and specific judges. The role of the case managers is to handle all scheduling, oversee the progress of discovery in each case, see that service of process has been effectuated and ensures that court appearances are meaningful events towards the disposition of each case.
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What do I, as a social worker or attorney, need to prepare for a
mediation session?
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A. |
Mediation is an effective alternative dispute resolution mechanism which affords each party the opportunity to discuss issues in their case. Preparation for mediation can be basically broken down in to three areas:
- Know your case;
- Know your alternatives to mediation;
- Educate your client
These three elements will assist you in preparation of mediation. During the mediation process all aspects of the case will be discussed. A social worker or attorney must realize what the alternatives will be for their client in the event mediation is unsuccessful. It is imperative that clients are present and educated as to the role of the parties, the mediator, and the mediation process itself.
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What happens after an agreement is reached?
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A. | If an agreement is reached by the parties, the mediator will draft a Memorandum of Agreement reflecting the resolution arrived at by all parties involved in the case. This document will then be formally presented to the Court for approval.
| | 4. | Q. | What happens when one parent opts for mediation and the other
parent does not?
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A. | If one parent chooses to mediate his/her case, it will not adversely affect the other parents case. The parent can continue with mediation and attempt to reach resolution. The petition filed against the "non-mediating parent" will continue on the trial track.
| | 5. | Q. | Should the foster parents be involved in the mediation session?
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A. | Generally, foster parents should be involved in the mediation process, particularly if an open-adoption agreement is going to be negotiated. The mediator will often times request court approval for foster parents to attend.
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