Miscellaneous

Family Court Judge Mediation: Going to the Candidates' Debate

By Anne Skove, Esq.

When families squabble, judges often refer them to mediation. When prospective family court judges squabble, can we send them to mediation?

It's interesting to see how candidates handle conflict. No matter what position they're running for, they are bound to encounter some.

Usually we bemoan the fact that the public knows too little about the candidates. In this case voters may have learned just enough. These candidates can't work out a simple solution during their own campaigns. How will they help families through the most difficult times of their lives?

Good questions for candidates of all stripes:

• How well do you work with others? Those in office need to be aware of and interested in their constituents' concerns. They must be able to "work well with others," a feat that cannot be accomplished without solid listening skills. We want politicians who will be "tough," and nobody wants to negotiate their issues away. In the real world, battles must be chosen carefully. Single-issue candidates (see: Gilmore) sometimes succeed short-term, but make no lasting impression. It seems to us that a judicial candidate who promises to promote family mediation should be a role model in dealing with conflict. Plus, just as doctors should have to undergo surgery every now and then just to understand what it's like, judges should have to sit through programs to which they will refer parties.


• How are you going to pay for that? Many good ideas go awry due to little or no funding. (See: Virginia's family court pilot.) Look at the costs that could be incurred down the road. Are these covered? What staff will be needed to support a successful plan? Will the legislature or other entity support funding? Will the public want to pay for it? Every community has a good idea that has gone undone for lack of money.


• How will you deal with the consequences of a good idea? Strategic thinking is essential. If an idea is implemented and funded, what effects will it have on other parts of government and community? A perennial favorite promise is to "put more police on the streets." This action will have more consequences than its intended one (i.e., lowering crime). More police mean more arrests. More arrests translate into more work for corrections staff, prosecutors, public defenders, and the courts, and fewer spaces in facilities. What is the plan to deal with these? Every simple solution has a ripple effect.

Thanks to David for the heads-up about the squabblers! See the haiku-enhanced (as always) Whiny Family Man Wants to be Family Court Judge -- And to Copyright Slogan, David Giacalone, f/k/a (September 5, 2008).

Full post as published by court-o-rama.org on September 05, 2008 (boomark / email).