Skip to main content
Login | Suomeksi | På svenska | In English

Browsing by Subject "custody dispute"

Sort by: Order: Results:

  • Withrow, Rose (2023)
    This study investigates parental experiences of Follo-mediation in custody disputes and explores its efficacy. With efficacy I mean how it influences to the communication between parents and shared parenting arrangements. Additionally, it aims to examine the influence of perceived procedural justice on parents' perspectives of the mediation process and its outcomes. The theoretical framework of the study adopts the law and society perspective, which seeks to understand the role of law within society and its associated processes. Specifically, the study focuses on the principles of procedural justice and their effects on parents' experiences and their commitment to the mediation process and its outcomes. The research data consists of interviews conducted with six parents. The interviews followed a semi-structured thematic approach, and thematic analysis was employed to analyze the collected data. Furthermore, statistical information on Follo-mediation in different district courts is utilized as background information. The research questions primarily center around the principles of procedural justice and the government proposal. The study assesses the extent to which Follo-mediation has achieved the objectives outlined in the government proposal, including amendments to the Act on Child Custody and Right of Access (361/2019), the Act on Mediation and Confirmation of Reconciliation in General Courts (394/2014), and the Social Welfare Act (HE186/2013), specifically sections 5, 10, and 17, respectively. The study reveals three main themes that emerged from the analysis: procedural justice, the best interests of the child, and the outcomes of the mediation process. Each main theme encompasses several sub-themes. The findings indicate that adherence to the principles of procedural justice plays a crucial role in the success of the mediation process. Parents highly value the opportunity to express their perspectives, receive equitable treatment, and feel that their case is important. While Follo-mediation may not lead to significant improvements in parental communication, it often enables the establishment of clear frameworks and rules that contribute to a reduction in conflicts and disagreements. Parents express a desire for concrete advice and alternative options to assist them in creating these frameworks. Moreover, the results emphasize the importance of considering the best interests of the child. The study revealed that the parents linked the best interest of the child with fostering an equal relationship with both parents, which was often seen same as weekly/weekly custody arrangement.