ADR CORNER
ADR CORNER
Parenting Coordination : The Overlooked Dispute Resolution Process
TAMI L . AUGEN RHODES Knock , knock … Who ’ s there ? Client … Client who ?
Your client calling to say that you need to let the court know the children were brought home ten minutes late ; my coparent did not discuss our child ’ s soccer game with me ; my co-parent gave our child chicken even after I reminded coparent that our child needs more iron from red meat ; my co-parent could not pick up our child even though co-parent knew that I had an important work meeting and I always accommodate co-parent ; and so on and so on .
While most stories that start with “ knock , knock ” are jokes , what I have described is no laughing matter : it is pervasive and harming children . The Journal of Child and Adolescent Trauma teaches , “[ p ] arental conflicts consistently predict negative outcomes for children .” ( V . 15 ( 3 ); Sept . 2022 ). Why , then , is Parenting Coordination (“ PC ”) so underutilized ?
Family Law practitioners typically consider the one-and-done model of ADR – mediation . When a Family Law case involves highly contested or high conflict children ’ s issues , often a Guardian Ad Litem or Social Investigation is used in litigation . This author suggests Courts and counsel consider early PC involvement .
Florida Statutes Section 61.125 ( 2 ) states , “[ t ] he purpose of parenting coordination is to provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education , making recommendations , and , with the prior approval of the parents and the court , making limited decisions within the scope of the court ’ s order of referral .”
Unlike most ADR processes , an initial PC appointment can be for up to twentyfour months . The PC can assist parents in learning communication skills for effective co-parenting ; in developing a parenting plan ; in implementing a parenting plan ; in resolving disputes ; and more . When the PC is involved early on , the PC can help to educate the parents regarding co-parenting and assist the parents with creating a Parenting Plan . Research shows greater compliance with Parenting Plans created by the parties versus a Court Ordered Parenting Plan . Additionally , the PC can teach skills and put tools in place designed to minimize and effectively address conflict . Moreover , the Court ’ s Order of Referral to PC can , and should , provide the PC with specific decision-making authority over non-substantive matters . Importantly , the PC should have the ability to assist the family , and the children , in being able to lead a functioning life . When parents need to resort to filing motions and waiting for an evidentiary hearing , a parenting dispute can take approximately three to nine months before there is a Judicial determination . When a PC has non-substantive decision-making abilities , the parents and child ( ren ) have immediate access to effective ADR , which is child focused , and which enables the child to have immediate decisions to increase normal childhood functioning . By way of example , waiting for a Judicial determination regarding a school field trip puts the child at risk for the trip having come and gone by the time the parents are in front of a Judge as opposed to a PC who utilizes skills to assist the parents in reaching a joint decision and , when there is a stalemate , is able to make a limited decision in a timely manner .
Chief Magistrate Serpil Ergun of the Cuyahoga County Domestic Relations Court in Cleveland , Ohio undertook an extensive study on the effectiveness of PCs . The final report as of May 2016 , documents , “[ t ] here was a significant decrease in the number of motions filed , scheduled court events , and trials in the two years after appointment of a coordinator …. Motions decreased 56 %. Court events decreased 58 %. Trials decreased 32 %. The average number of motions per case declined from 22.87 to 10.06 .”
PCs are uniquely qualified to assist the Court : specifically , a PC must be a licensed mental health professional ; a physician ; a mediator with at least a master ’ s degree in a mental health field ; or a member in good standing of The Florida Bar . Additionally , PCs must have three years of post-licensure / certification practice ; be a Florida Supreme Court Certified Mediator ; complete a twenty-four-hour PC training ; and comply with continuing PC education requirements and reporting . The PC can meet with parents , children , collateral sources , schools , therapists , and others . The PC can also recommend additional services , such as individual therapy for a parent .
Ultimately , PCs help to keep cases from excessive Court usage ; teach parents skills to enhance co-parenting ; and maintain the focus on the children so they can grow up free from the detrimental effects of toxic parenting and thrive based upon healthy co-parenting .
Tami L . Augen Rhodes has practiced Marital and Family Law for 25 years . She is the Founder and President of the Palm Beach Academy of Collaborative Professionals ; a Guardian Ad Litem ; a Florida Supreme Court Certified Family Mediator ; and a Qualified Parenting Coordinator for . For additional ADR tips and resources , go to www . palmbeachbar . org / alternative-dispute-resolutioncommittee
1
PC shall refer to “ Parenting Coordinator ” or the “ Parenting Coordination ADR Process ”, based upon context .
PBCBA BAR BULLETIN 6