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- Title
Privadentiality: Developing a Coherent Framework for Establishing Communication Protections in Family and Child Protection Dispute Resolution Methods.
- Authors
Firestone, Gregory; Press, Sharon
- Abstract
The emergence of innovative family and child protection dispute resolution (DR) methods has resulted in a varying array of communication protections. Review of these communication protections in the United States reveals a lack of consistency and clarity within each form of DR, and no clear policy to guide the development of the different communication protections across the spectrum of DR methods. This article proposes a new term, privadentiality, to describe communication protections which may be provided for a wide range of DR methods and a framework for categorizing DR methods in order to develop more consistent and appropriate communication protections across the spectrum of DR. This article concludes with recommendations to improve party and professional understanding of DR communication protections; protect families from escalating conflict; promote the integrity of DR methods; and enable courts to appropriately review and, where appropriate, approve DR outcomes. Key Points for the Family Court Community: Each form of family and child protection dispute resolution has different confidentiality, privilege or other communication protections.The term confidentiality is used to mean different concepts and often is confusing.The term, privadentiality, is proposed to refer to dispute resolution communication protections that relate to all dispute resolution participants in contrast with confidentiality protections which typically only bind the professional.Dispute resolution methods are categorized according to the underlying nature of the method and levels of privadentiality protection are proposed for each.Professionals and the court need to clearly inform parties of the extent to which parties can expect their communications to be privadential.
- Subjects
CHILD protection services; CONFLICT management; COLLABORATIVE lawyering; CONFIDENTIAL communications; PARENTING; DOMESTIC relations
- Publication
Family Court Review, 2020, Vol 58, Issue 1, p9
- ISSN
1531-2445
- Publication type
Article
- DOI
10.1111/fcre.12453