[DRAFT] The Parental Mediation Service Act

[Suratia]

Inspired by the recent efforts of The Children Act, I drafted a proposal idea to implement a mediation service. The service aims to provide a means for parents, particularly those who are separated, to resolve disagreements about responsibilities they have regarding the care of their children.

The brevity of this draft is deliberate. I think that the specificity within The Children Act might have been part of its downfall. There was feedback that it was micro-managing WA member nations. I hope that my draft has avoided it where possible.

I'm fairly new to participating the the WA, and I'm lacking experience at drafting proposals, so I want to place it here to be considered by those more experienced than me. I'm sure that there are plenty of opportunities to improve it.

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The Parental Mediation Service Act


A resolution to create a mediation service to resolve disputes between parents relating to their responsibilities to their children.

Category: Social Justice
Strength: Significant
Proposed by: ?
Drafted by: Suratia

Concerned that parental mediation and its outcomes can result in a degradation of relationships between family members, and that this degradation can contribute to developmental problems with their children.

Recognising that the development and well-being of children is important for the positive outcomes of children and their involvement in society.

Believing that introducing a parental mediation process, which prioritises the well-being and outcomes of children, and also gives significant consideration to the impact upon parents of the mediation process outcomes, will result in better relationships between parents and their children. And consequently, better outcome for children and society.


The General Assembly hereby:

1. Defines, for the purpose of this resolution:
   
   
   1. Parental Mediation as a process by which separated or divorced parents, who are unable to privately resolve their disagreements regarding parental responsibilities and decisions, can make use of in an effort to resolve such unsettled matters. The process shall be conducted by a Mediator as defined in section 1b.
      
   2. Mediator as the facilitator of a Parental Mediation session, whose responsibility it is to ensure that:
      
      
      1. The Parental Mediation session is arranged, and its details are communicated to each party.
      2. The Parental Mediation session is run as scheduled.
      3. The Parental Mediation is conducted fairly and without the influence of their own biases upon the process or its outcomes.
      4. Fair and courteous behavioural expectations are explained prior to commencement, and are upheld during the mediation session to the best of their ability.
      5. Each party involved in the process is given fair opportunity to speak on concerns.
      6. Concerns raised are negotiated upon between parents, to reach agreement where possible.
      7. They keep record of proceedings, and agreements reached in a Mediation Agreement.
   3. Mediation Agreement as a document which details responsibilities relating to the parenting of children, as agreed upon by the parents.
2. Orders all members of the World Assembly to:
   
   
   1. Establish a branch within their social services department that is responsible for the design, creation and management of a Parental Mediation service.
   2. Make information available to their citizens, which raises awareness of the Parental Mediation service, and educates them about its purpose, requirements, processes, and costs.
   3. Conduct the mission of the Parental Mediation service, as defined in section 1 of this Act.

[Untecna]

Inspired by the recent efforts of The Children Act, I drafted a proposal idea to implement a mediation service. The service aims to provide a means for parents, particularly those who are separated, to resolve disagreements about responsibilities they have regarding the care of their children.

The brevity of this draft is deliberate. I think that the specificity within The Children Act might have been part of its downfall. There was feedback that it was micro-managing WA member nations. I hope that my draft has avoided it where possible.

I'm fairly new to participating the the WA, and I'm lacking experience at drafting proposals, so I want to place it here to be considered by those more experienced than me. I'm sure that there are plenty of opportunities to improve it.

---

The Parental Mediation Service Act


A resolution to create a mediation service to resolve disputes between parents relating to their responsibilities to their children.

Category: Human Rights
Strength: Significant
Proposed by: ?
Drafted by: Suratia

Concerned that parental mediation and its outcomes, can result in a degradation of relationships between family members. And that this degradation can contribute to developmental problems with their children.

Recognising that the development and well-being of children is important for the positive outcomes of children and their involvement in society.

Believing that introducing a parental mediation process, which prioritises the well-being and outcomes of children, and also gives significant consideration to the impact upon parents of the mediation process outcomes, will result in better relationships between parents and their children. And consequently, better outcome for children and society.


The General Assembly hereby:

1. Defines, for the purpose of this resolution:
   
   
   1. Parental Mediation: as a process by which separated or divorced parents, who are unable to privately resolve their disagreements regarding parental responsibilities and decisions, can make use of in an effort to resolve such unsettled matters. The process shall be conducted by a Mediator as defined in section 1b.
      
   2. Mediator: the facilitator of a Parental Mediation session, whose responsibility it is to ensure that:
      
      
      1. The Parental Mediation session is arranged, and its details are communicated to each party.
      2. The Parental Mediation session is run as scheduled.
      3. The Parental Mediation is conducted fairly and without the influence of their own biases upon the process or its outcomes.
      4. Fair and courteous behavioural expectations are explained prior to commencement, and are upheld during the mediation session to the best of their ability.
      5. Each party involved in the process is given fair opportunity to speak on concerns.
      6. Concerns raised are negotiated upon between parents, to reach agreement where possible.
      7. They keep record of proceedings, and agreements reached in a Mediation Agreement.
   3. Mediation Agreement: a document which details responsibilities relating to the parenting of children, as agreed upon by the parents.
2. Orders all members of the World Assembly to:
   
   
   1. Establish an organisation which is responsible for the design, creation and management of a Parental Mediation service.
   2. Make information available to their citizens, which raises awareness of the Parental Mediation service, and educates them about its purpose, requirements, processes, and costs.
   3. Conduct the mission of the Parental Mediation service, as defined in section 1 of this Act.
   4. Schedule and enforce penalties for non-compliance with this Act, upon any party which has been proven to be at-fault through the judicial system of the relevant jurisdiction. The schedule of penalties shall be inline with each nation's existing legal code.

Make a drafting thread instead of posting in the Ideas thread, if you wouldn't mind.

[Goobergunchia]

Make a drafting thread instead of posting in the Ideas thread, if you wouldn't mind.

iSplit.

[Untecna]

Make a drafting thread instead of posting in the Ideas thread, if you wouldn't mind.

iSplit.

Thanks, Goob.

Further [reserved for later comment on proposal].

[Pathoal]

I don’t see civil rights (as human rights has been since renamed) as the appropriate category. I’d go for Social Justice or Moral Decency -> Significant.

[Suratia]

I don’t see civil rights (as human rights has been since renamed) as the appropriate category. I’d go for Social Justice or Moral Decency -> Significant.

Thanks for the suggestion. I'll change it to Social Justice.

[Suratia]

Is there a WA Delegate that would like to submit this draft?

[Untecna]

Is there a WA Delegate that would like to submit this draft?

It doesn't have to be a delegate. Any member with 2 or more endorsements can submit a proposal.

I would recommend that you, the author as of current, submit it, but after a substantial drafting period.

[Untecna]

IC: "Ambassador, my delegation wishes to provide its feedback on your draft."

The Parental Mediation Service Act


A resolution to create a mediation service to resolve disputes between parents relating to their responsibilities to their children.

Category: Social Justice
Strength: Significant
Proposed by: ?
Drafted by: Suratia

Concerned that parental mediation and its outcomes, No comma is really necessary here can result in a degradation of relationships between family members. Remove period, replace it with a comma, and make the A lowercaseAnd that this degradation can contribute to developmental problems with their children,

Recognising that the development and well-being of children is important for the positive outcomes of children and their involvement in society,

Believing that introducing a parental mediation process, which prioritises the well-being and outcomes of children, and also gives significant consideration to the impact upon parents of the mediation process outcomes, will result in better relationships between parents and their children, and consequently, better outcome for children and society,


The General Assembly hereby: No need for the size increase and the bold here.

1. Defines, for the purpose of this resolution:
   
   
   1. Parental Mediation: Remove the colon as a process by which separated or divorced parents, who are unable to privately resolve their disagreements regarding parental responsibilities and decisions, can make use of in an effort to resolve such unsettled matters. The process shall be conducted by a Mediator as defined in section 1b.
      
   2. Mediator: Remove the colon as the facilitator of a Parental Mediation session, whose responsibility it is to ensure that:
      
      
      1. The Parental Mediation session is arranged, and its details are communicated to each party.
      2. The Parental Mediation session is run as scheduled.
      3. The Parental Mediation is conducted fairly and without the influence of their own biases upon the process or its outcomes.
      4. Fair and courteous behavioural expectations are explained prior to commencement, and are upheld during the mediation session to the best of their ability.
      5. Each party involved in the process is given fair opportunity to speak on concerns.
      6. Concerns raised are negotiated upon between parents, to reach agreement where possible.
      7. They keep record of proceedings, and agreements reached in a Mediation Agreement.
   3. Mediation Agreement: Remove. The. Colon. as a document which details responsibilities relating to the parenting of children, as agreed upon by the parents.
2. Orders all members of the World Assembly to:
   
   
   1. Establish an organisation that is responsible for the design, creation, and management of a Parental Mediation service. Or make them place it under the authority of a social services branch. Honestly, this really doesn't need to be a wholly separate organization, just a part of any social services in the country.
   2. Make information available to their citizens, which raises awareness of the Parental Mediation service, and educates them about its purpose, requirements, processes, and costs. What requirements? None are stated in this proposal.
   3. Conduct the mission of the Parental Mediation service, as defined in section 1 of this Act.
   4. Schedule and enforce penalties for non-compliance with this Act, upon any party which has been proven to be at-fault through the judicial system of the relevant jurisdiction. The schedule of penalties shall be inline with each nation's existing legal code. Noncompliance in any nation is already dealt with, thereby making this unnecessary.

[Suratia]

Is there a WA Delegate that would like to submit this draft?

It doesn't have to be a delegate. Any member with 2 or more endorsements can submit a proposal.

I would recommend that you, the author as of current, submit it, but after a substantial drafting period.

I am the sole nation within my region, therefore lack the necessary endorsements. I would rather see this proposal progress under the guidance of another nation than wait for my recruitment efforts to bear fruit.

I have considered your suggestions for improvement of the draft and made most of the amendments. I have not yet addressed the concern about the requirements in section 2b, because a goal of this proposal is to avoid micromanagement in its implementation. I can see a potential problem of lacking specificity, in that nations could merely pay lip service to the proposal. But I am unsure of how to address it. Does anyone have any suggestions?

[Untecna]

It doesn't have to be a delegate. Any member with 2 or more endorsements can submit a proposal.

I would recommend that you, the author as of current, submit it, but after a substantial drafting period.

I am the sole nation within my region, therefore lack the necessary endorsements. I would rather see this proposal progress under the guidance of another nation than wait for my recruitment efforts to bear fruit.

I have considered your suggestions for improvement of the draft and made most of the amendments. I have not yet addressed the concern about the requirements in section 2b, because a goal of this proposal is to avoid micromanagement in its implementation. I can see a potential problem of lacking specificity, in that nations could merely pay lip service to the proposal. But I am unsure of how to address it. Does anyone have any suggestions?

If you would like, I can take the submission role; however, I believe I would need to become the primary author for this proposal so that I'm not just submitting someone else's entire work!

Either that, or you could find another region to move to and move an alternate account into your own region, or move your membership to an alternate account and bring it to another region where it could get the necessary endorsements, then, submit it on there.

[Separatist Peoples]

"Why would any party waste time in mediation when legal proceedings are dispositive on their parental rights? We aren't discussing a tort case or contract dispute, at issue here is the fundemental structure of a person's family. Parties will be unwilling to negotiate for that when they can instead seek a judicial order.

"Morover, questions of parental rights shouldn't be negotiated, they should be administered by an impartial expert. Reducing the parent-child bond to a bartering chip cheapens the relationship, and this asks member states to participate in that cheapening. Opposed, both practically and morally."

[Barfleur]

"Why would any party waste time in mediation when legal proceedings are dispositive on their parental rights? We aren't discussing a tort case or contract dispute, at issue here is the fundemental structure of a person's family. Parties will be unwilling to negotiate for that when they can instead seek a judicial order.

"Morover, questions of parental rights shouldn't be negotiated, they should be administered by an impartial expert. Reducing the parent-child bond to a bartering chip cheapens the relationship, and this asks member states to participate in that cheapening. Opposed, both practically and morally."

"Agreed, with an addition: the proposal seeks to strengthen the parent-parent bond without regard to how it would affect the parent-child bond. It is highly possible for two parents to be incompatible with each other, but each capable of being a good parent to their shared child. In such a case, it serves no purpose to persuade the parents to stay together when they can do a better job separately."