Adoption Mediation and Open Adoption: What It Is and What It Is Not

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There are several common names for adoption mediation, and you might hear it referred to as open adoption mediation, child welfare mediation or cooperative adoption planning mediation.  Regardless of its name, adoption mediation involves utilizing the assistance of a neutral, third-party mediator to resolve any conflicts that might arise in the adoption process and ensure that everything is handled correctly from a legal standpoint.

In many cases of adoption, both the adoptive parent(s) and birth parent(s) choose open adoption—a term which defines an adoption in which the adoptive family and the birth family communicate with each other concerning the decisions and timeframe related to the adoption procedure.  This is one of the many reasons why adoption mediation is important—particularly in situations of open adoption.

It is also important to understand what open adoption does not mean.  It doesn’t mean that the adoptive family and the birth family share custody or decision making once the adoption has been finalized.  It also doesn’t mean that the child must be told that he or she is adopted, and who his or her birth parents are (unless the adopting family later decides to reveal this information.)

So how does it work?

In adoption mediation, the mediator will first meet separately with the primary stakeholders (adults) involved in the open adoption process.  This usually includes the birth mother, the birth father and the adoptive family; however, it can also include grandparents, siblings and other people who will be significant in the child’s life after the adoption process is complete.

After these separate meetings, all stakeholders will be involved in a meeting in which the adoption mediator assists in finalizing the details of the adoption process.  If there is conflict relating to one or several points, the mediator will assist in helping both families make a decision that is best for the child/children involved.  However, the decisions are ultimately the families’ decisions to make, and the mediator will never force an agreement between parties.

September 1, 2014

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Bitcoin: A New Way of Doing Business Creates New Reasons for a Mediation Clause

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Bitcoin: A New Way of Doing Business Creates New Reasons for a Mediation ClauseIf you haven’t heard of Bitcoin, just wait—you will. Heralded as a new way of doing business, Bitcoin is an open-source, software-based online payment system that was introduced in 2009. When a payment is made in Bitcoin, that payment is recorded on a public ledger and is made without a central repository, making it a decentralized virtual currency. Bitcoins, the system’s form of digital currency, can be obtained in exchange for money, products and services. Users of the system can send and receive bitcoins electronically, creating a “crypto-currency” payment system.

As can be expected, this idea of “crypto-currency” comes with its share of disputes. The incentive for many merchants to use this service is comparatively lower rates and fees associated with credit card processing. However, since there is no central authority or bank controlling the Bitcoin system, there are no consumer protections offered. It is possible for Bitcoins to be stolen and chargebacks are not possible, allowing an open door for many illegal activities. For example, in 2013, the FBI seized 144,000 Bitcoins worth US$28.5 million from the Silk Road online black market; this was only a small example of how the Bitcoin system can be used fraudulently.

Many experts in the Bitcoin phenomenon are suggesting that mediation clauses and the use of escrow accounts be standard practice for Bitcoin exchanges. Doing so is sound business practice for any individual or company who uses the Bitcoin exchange. Since Bitcoin transactions are irreversible, if a dispute arises, it is left up to the individual users to resolve the dispute; mediation, therefore, provides the perfect venue for this type of dispute resolution. Requiring a mediation or arbitration clause to be signed before any Bitcoin transaction occurs can help businesses or consumers using the Bitcoin network to mitigate any risk that is inherent in using the service.

Here’s an example of how such a clause can be written: “The parties agree that any disagreement or dispute relating to this agreement, or consequential upon its interpretation or application, will be subject to mediation. If no agreement is reached within 60 days of the appointment of the mediator, the dispute will be permanently decided by arbitration, to the exclusion of the courts, according to the laws of (….). The parties may at any time agree to extend such time limits before submitting the dispute to arbitration.”

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