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An interdisciplinary approach to integrated dispute resolution in misattributed paternity

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A look at a fluid and hybrid process involving the FDRP and another professional as the clients progress through the negotiations of a complex case study.

emilylorraine In this presentation, Lorraine and Emily will explain and demonstrate the process they have developed using a case study which has the added complexity of misattributed paternity.

They will then facilitate a workshop using the skills employed in the interdisciplinary process. 
The Family Law system is recognising the need for psychologist and counselling professionals to play an active and integrated role in family dispute resolution processes.

The complexities of contemporary families extend to the diverse definition of a contemporary family as well as re-arrangements of family structures (often more than once).

The workshop will focus on misattributed paternity as one of the issues that has increasingly been faced by the family law system since DNA testing became available. If testing shows that a presumed father is not a genetic father of the child, how can this sit with broader notions of legal parentage?

This issue impacts not only on the parents but also the children. It lends itself to sensitive hybrid DR processes in which the Family Dispute Resolution Practitioner (FDRP) works with a psychologist, and/or maybe a child consultant.

The workshop will include:

  • A role play, with an FDRP conducting the mediation with the psychologist intervening as needed modelling a fluid interaction;
  • a 15 minute interactive discussion with participants about the process;
  • smaller groups conducting “fishbowl” role plays inviting participants to voluntarily step into the role play to demonstrate, or try out skills that can add to the value of the process.

Podcast: Listen to Lorraine talk about this session pre-kon gres (11 mins) >>

 

Lorraine and Emily's common interest is to provide client focused integrated and coordinated service in family law matters that result in resolutions that are in the best interest of the children. They believe that working together with families allows them to provide such a service.

Lorraine Lopich (left)

Lorraine Lopich is a practising collaborative lawyer/ registered FDRP/ nationally accredited mediator and trainer. She presents papers at overseas and national conferences.

Lorraine is a partner of Collaborative Lawyers Pty Ltd and has practised family law since 1992.  In 2004 she decided to restrict her practice to collaborative law and mediation, including family dispute resolution. 

Lorraine is the Author of the Collaborative Law, Alternative Dispute Resolution and the Family Relationship Centres Sections in Australian Family Law:  published by Lexis/Nexis. 

Lorraine also teaches collaborative law. She is currently the chair of the committee established by the American Bar Association, (ABA) Dispute Resolution Section, International Committee to develop a collaborative dispute resolution process for cross border disputes. The process will be piloted internationally in an ABA and the Society of Trusts and Estate Planners (STEP)  joint venture.   

Emily Kwok (right)

Emily Kwok has a Masters in Forensic Psychology from the University of NSW and she is currently a PhD student at Sydney University researching Misattributed Paternity in the Family Law System. Emily also practices as a psychologist.

Emily's PhD thesis aims to explore conflict resolution methods for complex family cases involving parenting disputes, with a focus on collaborative processes of dispute resolution and misattributed paternity. Her Masters thesis examined the biological and genetic factors of fatherhood in the context of misattributed paternity and the relationship this has with paternity disetablishment legislations. Coming from a forensic background, Emily worked as a psychologist in a drug and alcohol rehabilitation setting before moving into clinical work.

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