Seattle University Collaborative Projects - International Academy of ...

ise in the scope of child participation in family courts proceedings in many countries. Yetpractice in this area varies between various courts due to lack of clear judicial guidelines orlegislation. While child participation in adversarial proceedings has increased significantly, theparticipation of children in non-adversarial procedures for managing and settling family disputesis still negligible, and suggestions to advance their participation in such proceedings have metwith significant opposition. The Lecture will discuss empirical data relating to the impact ofchild participation in adversarial and non -adversarial proceedings relating to family disputes onthe emotional life and psychological well-being of children. Special emphasis will be put on theempirical findings of an evaluation study relating to an Israeli interdisciplinary pilot project onchild participation in family courts. Discussion of the research data will relate to issues such asthe effect of participation in reducing stress and allowing children to regain a sense of controlover their lives as well as the way children perceive the experience of participation. Primaryimplications of the of the empirical data regarding the need to promote programs aimed atfacilitating child participation in both adversarial and non- adversarial proceedings relating tofamily disputes will be discussed.The Use of TJ to Promote Child Participation in Processes Involving FamilyDisputesKarni Perlman, Bar-Ilan University (Karnip1@netvision.net.il)The management of family disputes in Western countries is currently undertaken in a variety ofways, ranging from adversarial proceedings in the court to cooperative proceedings outside it,such as mediation and collaborative divorce. Accumulated experience indicates that children’sparticipation in court proceedings improves their mental condition and contributes tostrengthening family ties. Nevertheless, children’s participation in legal procedures takes placeonly to a limited extent and, for the most part, under a discourse of rights. This lecture willpropose making use of the principles and insights of Therapeutic Jurisprudence in order toadvance the participation of children in family disputes. It will argue that TherapeuticJurisprudence can provide a conceptual framework as well as practical tools for implementingqualitative and efficient programs of child participation in court proceedings. Using TherapeuticJurisprudence principles and methods can emphasize the advantages and therapeutic benefits ofthe concept of child’s participation, thereby strengthening its application in both adversarial andnon-adversarial proceedings, including mediation. It can address concerns and dilemmas thatinhibit further development of appropriate programs for this purpose. For example, in regard toFamily Courts, there is genuine concern about the ability of judges to conduct a proper childhearingprocess. Adopting the Therapeutic Judge model and therapeutic judging methods thatare used in Problem-Solving Courts can reduce this concern.What Do We Know about Compensation Being ‘Bad For Health’? Taking Stockof the Available Empirical Evidence516