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The Emergence of Triage in Family Court Services: The Beginning of the End for Mandatory Mediation?

Salem, Peter. Family Court Review, Jul. 9, 2001

This article examines whether courts should discontinue the use of a tiered service model, which typically results in mandated mediation for child custody disputes. This article suggests using a triage process, or differentiated case management. Proponents of the triage process argue that identifying the most appropriate service initially can reduce the burden on the family, make use of limited judicial resources more efficiently, and more effectively provide services to resolve disputes. Further, triage model advocates argue that the supposed benefits of mediation (self-determination) are not supported by empirical evidence and that changing conditions within the court system (fewer resources, complex cases, time limitations, and increased caseloads) no longer allow for effective mediation outcomes. Triage relies on an initial screening process which is used to identify the services that can be most helpful in meeting the family's needs. Triage advocates claim that their model uses scarce judicial resources more efficiently and reduces the burden on the family by identifying the most appropriate process at the outset.

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