NEED FOR STANDARDIZATION AND EXPANSION OF NONADVERSARY PROCEEDINGS IN JUVENILE DEPENDENCY COURT WITH SPECIAL EMPHASIS ON MEDIATION AND ROLE OF COUNSEL

• NCJ Number: 145129
• Journal: Juvenile and Family Court Journal Volume: 44 Issue: 3 Dated: (1993) Pages: 3-16
• Author(s): J Libow
• Date Published: 1993
• Length: 14 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The author recalls his experiences and observations as a Senior Referee of the Los Angeles Juvenile Court.

Abstract

He recommends that courts should devote maximum time and effort toward protecting the children involved, and use adversary procedures only when absolutely necessary. Mediation, he says, is a necessary process before full adversary proceedings, and serves fact-finding as well as problem-solving purposes and should be encouraged; and should be made available upon request of one party¦not necessarily all parties¦or upon court order. The author praises the California Mediation Statute as a step toward humanizing the court process. Other topics of discussion include the special problems related to mental illness or sexual abuse allegations, complications in the role of the attorney, procedures when parents and minors do not appear, and when they do appear, the need for county legal decision responsibility, and the need for social studies in mediation.