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SOCIAL SCIENCE APPROACH TO FAMILY DISPUTE RESOLUTION

NCJ Number
55828
Journal
Canadian Journal of Family Law Volume: 1 Issue: 1 Dated: (1978) Pages: 39-56
Author(s)
H H IRVING; P E BOHM
Date Published
1978
Length
18 pages
Annotation
THIS PAPER DESCRIBES A PRACTICAL SOCIAL SCIENCE MODEL FOR UNDERSTANDING THE GENESIS OF FAMILY DISPUTES AND FOR RESOLVING THEM. ROLE EXPECTATION THEORY IS THE MAJOR ELEMENT OF THE MODEL.
Abstract
A BRIEF REVIEW OF THE LAWYER'S, COUNSELOR'S AND CLIENT'S RESPECTIVE ROLE EXPECTATIONS IS PRESENTED, DEFINING THE LAWYER AS THE ADVOCATE, THE COUNSELOR AS THE 'HELPER' WHO ENCOURAGES THE DEVELOPMENT OF COMMUNICATION AND INTERACTION SKILLS BETWEEN BOTH PARTIES, AND THE CLIENT AS THE 'HELPEE,' WHO MAY NOT HAVE AN UNDERSTANDING OF WHAT IS EXPECTED OF HIM OR HER IN CONFLICT RESOLUTION. THE CONCEPT OF ROLE REFERS TO THE BEHAVIORAL PERFORMANCE OF STATUS EXPECTATIONS, AND THE MIDDLE-RANGE THEORY OF ROLE-SET HOLDS THAT EACH STATUS A PERSON OCCUPIES IN A SOCIETY DOES NOT SIMPLY INVOLVE ONE ROLE BUT AN ARRAY OF ASSOCIATED ROLES, WHICH CONSTITUTE A SET. THE ROLE ALLOCATION PROCEDURE IS EXPLAINED; IT INVOLVES IDENTIFICATION OF THE PROBLEM, ELICITING FACTUAL INFORMATION ESSENTIAL TO SOLUTION, DEVELOPING AND IDENTIFYING ALTERNATIVES, MUTUAL SELECTION OF SOLUTIONS, AND DEVELOPING AN AGREEMENT ON STEPS TO TAKE TO REACH THE SOLUTION. A CASE STUDY IS PRESENTED IN WHICH THE MODEL IS USED TO SOLVE A CHILD CUSTODY CONFLICT. REFERENCES AND AN ILLUSTRATION OF THE MODEL ARE INCLUDED. (DAG)

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