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16 Νοε 2013 (πριν από 3 χρόνια και 9 μήνες)

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The “Outcome” Fallacy


Is the “resolution” in Family Dispute Resolution an Illusion?



Wayne Nugent
2012


Is history simply repeating itself?


In 2006 approximately 95% of presenting
cases had existing court/consent
orders/agreements.




In 2012 approximately 90% of presenting
cases have existing agreements.



What does this tell us?







Wayne Nugent 2012

2

How do we measure success?


Ask any Practitioner how many
agreements/parenting plans they
write out and what do they say?

Wayne Nugent 2012

3

Sweet success! And the
numbers to prove it.


“General studies of family mediation
identify high levels of success, in the sense
of parties reaching mediated settlements.
The
F
amily Court’s latest available report
indicates that 72% of it’s matters are
resolved through mediated agreements.”

(Boulle 2005 p344)


Wayne Nugent 2012

4

What was the intent of the Family
Law Act?



“To improve the outcome for children”

(Hansard 8
th

December 2005)

Wayne Nugent 2012

5

The parental conflict outcomes
paradox.


Most
return
cases demonstrate
similar, if not the
same, conflict characteristics
that they presented at
their previous attempt at FDR.



What
i
s
clear i
s
that an agreement
does not,
in
itself,
change the environment in which the children live.



In
short, it
does not
necessarily “improve the
outcome for children”, but simply prolonged their
experience of living in a world in which, anger, fear,
blaming and disrespect segments their lives into
separate packages and plays tug
-
of
-
war with their
loyalties, their self
-
respect,
and their potential to form
lasting and meaningful relationships.


Wayne Nugent 2012

6

Why do we ignore what we know?


“Some studies show more short term
compliance with mediated agreements than
with other procedures; however, over the
long term, the differences are not usually
significant.”

(Schellenberg 1996,
p188
)


“In children’s matters circumstances change
and mediated parenting plans are seldom
able to cope with new phases in the
children’s or parents lives, and longitudinal
studies show high attrition rates in these
situations”
(Boulle 2005, p344)



Wayne Nugent 2012

7

Whose Needs?


“Human needs are at the centre of all
conflict and it arises when an individual’s
significant needs are not met.”

(Brandon & Robertson, 2007, p17)



“A key aim of mediation is to address the
needs of the parties. By focusing on the
needs all parties are able to express
themselves and are more likely to come to a
resolution that dovetails most needs, thus
producing agreements that reflect those
needs.”
(Brandon & Robertson, 2007,
p87
)


Wayne Nugent 2012

8

Diversion in mediation as a
resolution strategy
(Common methods)


Focusing on unmet needs


Separating the people from the problem


Using education as a means to elicit an
agreement


Focusing on something other than the
relationship dynamics


Avoiding emotionality


Intellectualising what is essential an
emotional disposition


The structure of the intervention




Wayne Nugent 2012

9

Focusing on the
what’s

diminishes
the importance of the
why’s
!

“If the proposed solution to individual and
social suffering bypasses the causes of
individual and social conflict, it is not likely
to work for very long. It may treat a
symptom, but it does nothing to the roots
of the disease.”
(Damasio, 2006, p267)

Wayne Nugent 2012

10

The
What’s

of identity!

“people were likely to respond to questions
generating identity conclusions that were
informed by the well known structuralist
categories of identity; needs, motives,
attributes, traits, deficits, resources and so
on.”
(Epson &
W
hite from Madigan 2011, p36)

Wayne Nugent 2012

11

Why the
Why’s
?

“These structuralist identity conclusions
provided a poor basis for knowledge about
how to proceed in life”
(More
M
adigan)


They misinterpret the essence of how we
translate our identity into meaning: “Our
intentions and purposes, values and beliefs,
hopes, dreams and visions, and so on”

Wayne Nugent 2012

12

Are we blinded by outcome?

“Once you have accepted a theory and
used it as a tool in your thinking, it is
extraordinarily difficult to notice its flaws. If
you come upon an observation that does
not seem to fit the model, you assume that
there must be a perfectly good explanation
that you are somehow missing. You give the
theory the the benefit of the doubt….”

(Kahneman 2011, p277)

Wayne Nugent 2012

13

Why do we argue over time?

In the emotional context we imagine connecting
with our children every day, even when that
connection is not a one
-
on
-
one event.


We
smell the bathwater and the wet towels as we walk
down
the hallway
and we are
reminded
that they are
close at hand. We trip over a toy; wonder how they
managed to get vegemite on the lounge room ceiling; we
hear the faint giggle or complaint through the bedroom
door three hours past bedtime; we pick cocopops from
the margarine
.

Wayne Nugent 2012

14

What can we give our clients

“I know no safe depository of the ultimate
powers of the society but the people
themselves, and if we think of them as not
enlightened enough to exercise that control
with a wholesome discretion, the remedy is not
to take it from them, but to inform their
discretion”
(
Thomas Jefferson)

Wayne Nugent 2012

15

Thank You
!





Wayne Nugent 2012

16

Characters courtesy of

Rebekah Nugent