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Abstracts and Biographies:
Family-child


Mediating Post-Adoption Communication Agreements

Michael Belsky

The past year the State of Oregon (USA) placed approximately 1,000 children for adoption. Many of these special needs children were placed for adoption because of in utero exposure to drugs and alcohol and/or histories of neglect and abuse. In some cases, the adoptions were planned cooperatively by the birthparent(s)and the adoptive parent(s) through the Legal Assistance Mediation Process.

The goals of the legal assistance mediation process are:

  • To permit children who are in the care of the state to move quickly into permanent homes.
  • To resolve termination of parental rights cases in a voluntary manner.
  • To increase client empowerment satisfaction with the adoption process.
  • To establish legally binding agreements for Post-Adoption Communication.

Of the 31 cases I have mediated, every case has mediated a Post-Adoption Communication Agreement for limited continuing contact with the birth parent(s) and adoptive parent(s). When appropriate, attorneys, children, court appointed special advocates are encourage to participate in the process. In the State of Oregon approximately one third of the adoptions of children in the care of the State are mediated open adoptions.


Mediating Post-Adoption Communication Agreements:
Outline of presentation

Historical Perspective
Goals of the Legal Assistance Mediation Program

  • To permit children who are in the care of the State to move quickly into permanent homes.
  • To resolve termination of parental rights cases in a voluntary manner.
  • To increase client empowerment and satisfaction with the adoption process.
  • To establish legally binding mediated agreements for Post-Adoption Communication.
  • To reduce the expense to the State from a lengthy termination of parental rights trial.

Legislative Changes

  • ORS109.305 & ORS419B.517

Different Approaches to Mediating Post-Adoption Communication Agreements

  • Problem Solving or Directive Approach
  • Parent Empowerment or Educational Approach
  • Facilitative or Therapeutic Approach
  • Transformative or Recognition and Empowerment Approach
  • Integrative Approach

Legal Assistance Mediation: Parties and Process
Documenting Agreements
Preliminary Evaluation
Conclusions
Current Practices
Video: Mediation in Termination Cases


Michael Belsky Ed.D., L.P.C., is the director of the Dispute Resolution and Conflict Management Program at Southern Oregon University. He has over fifteen years of direct experience as a mediator, facilitator and educator. He has taught mediation, mediated for the courts and has a private consulting practice. Dr. Belsky helped found the Jackson County Community Dispute Resolution Center, was founding member and past president of the Oregon Association of Family Court Services and was appointed by the State Supreme Court Justice to the Oregon Family Law Advisory Committee. He has been on the faculty of Governors State University and Friends World College. He recently taught mediation at the University of Guanajuato in Mexico and is currently interested in the mediation needs of the disabled.

Michael Belsky Ed.D., LPC
Dispute Resolution Program
Psychology Department
Southern Oregon University
Ashland, Oregon 97520
mbelsky@jeffnet.org

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Updated 21 February 2003