Researching references to -- Pretrial Conference
Posted: Thu Jul 06, 2006 7:18 am
Pretrial Conference
HHS
Working With the Courts in Child Protection
User Manual Series
Author(s): U.S. Department of Health and Human Services
Feller, Davidson, Hardin, Horowitz
Year Published: 1992
Overview Of The Civil Child Protective Court Process
http://66.218.69.11/search/cache?p=pret ... 1&.intl=us
Pretrial Conferences and Negotiating Case Settlements
Although it is not conducted in many courts, a pretrial case conference serves a number of critical purposes in a civil child protection proceeding. Since a child's future hangs in the balance during the pendency of such a proceeding, a fair, thorough, and speedy resolution of the case will always be in the child's best interests. The pretrial conference is designed to promote such a resolution by providing an informal forum for settlement negotiations. If the parties can agree that the child has been abused or neglected (stipulate to an adjudication), further time-consuming court proceedings become unnecessary.30 At the same time, implementation of the child's case plan can be expedited, and additional traumatic division among family members may be avoided.
However, settlement is not always desirable. Some children may feel that their disclosures have not been believed or taken seriously, that they were wrong to tell, or that their abuser is "getting away with it." Depending on the circumstances, children may also feel vulnerable to further abuse. Settlements may have a downside for parents, too. A parent who vehemently denies the abuse or neglect may feel pressured into accepting a settlement that, either explicitly or implicitly, acknowledges his/her responsibility.
Mediation may be particularly appropriate at this point to assist the parties in reaching an agreement nonadversarily.31
Regardless of how cases are settled, case resolution agreements must be properly drafted to create an adequate record for future court involvement, if it becomes necessary. In addition, in order for the family's child welfare agency case plan to be effective, the parties should agree on, not only the outcome of the case, but also on certain material facts underlying the petition as well. Parents, children, and the State or county child welfare agency need proper representation at this stage in the proceeding to ensure that no one is coerced into an agreement, and that the child's interests are reflected in the negotiations.32
If settlement cannot be achieved, the pretrial conference is still important to expedite the coming trial and to keep its length as short as possible. The conference provides an opportunity for identifying and clarifying trial issues, resolving discovery disputes, and encouraging the exchange of information to avoid surprise at trial.33
HHS
Working With the Courts in Child Protection
User Manual Series
Author(s): U.S. Department of Health and Human Services
Feller, Davidson, Hardin, Horowitz
Year Published: 1992
Overview Of The Civil Child Protective Court Process
http://66.218.69.11/search/cache?p=pret ... 1&.intl=us
Pretrial Conferences and Negotiating Case Settlements
Although it is not conducted in many courts, a pretrial case conference serves a number of critical purposes in a civil child protection proceeding. Since a child's future hangs in the balance during the pendency of such a proceeding, a fair, thorough, and speedy resolution of the case will always be in the child's best interests. The pretrial conference is designed to promote such a resolution by providing an informal forum for settlement negotiations. If the parties can agree that the child has been abused or neglected (stipulate to an adjudication), further time-consuming court proceedings become unnecessary.30 At the same time, implementation of the child's case plan can be expedited, and additional traumatic division among family members may be avoided.
However, settlement is not always desirable. Some children may feel that their disclosures have not been believed or taken seriously, that they were wrong to tell, or that their abuser is "getting away with it." Depending on the circumstances, children may also feel vulnerable to further abuse. Settlements may have a downside for parents, too. A parent who vehemently denies the abuse or neglect may feel pressured into accepting a settlement that, either explicitly or implicitly, acknowledges his/her responsibility.
Mediation may be particularly appropriate at this point to assist the parties in reaching an agreement nonadversarily.31
Regardless of how cases are settled, case resolution agreements must be properly drafted to create an adequate record for future court involvement, if it becomes necessary. In addition, in order for the family's child welfare agency case plan to be effective, the parties should agree on, not only the outcome of the case, but also on certain material facts underlying the petition as well. Parents, children, and the State or county child welfare agency need proper representation at this stage in the proceeding to ensure that no one is coerced into an agreement, and that the child's interests are reflected in the negotiations.32
If settlement cannot be achieved, the pretrial conference is still important to expedite the coming trial and to keep its length as short as possible. The conference provides an opportunity for identifying and clarifying trial issues, resolving discovery disputes, and encouraging the exchange of information to avoid surprise at trial.33