by Monica Chamness
Staff Writer
After 15 years, a familiar face at the Duval County Courthouse is calling it a career.
In 1984, officials at the courthouse implemented a mediation program to help judges deal with family law cases. With almost 50 percent of all marriages ending in divorce, the court system needed a program to ease to overburdened courtrooms.
Enter Francis “Frank” McCloskey, who has been mediating family law and dependency cases since the early years of the mediation program. Once the head of psychiatry at University Hospital, McCloskey began mediating cases two years after the program’s inception.
“We work with people who are going for a divorce or coming back for modifications, pro se clients and once in a while, adoptions and guardianship,” said McCloskey, director of the family mediation unit for the 4th Judicial Circuit. The occasional paternity case crosses his desk as well.
Couples or parents who are referred to mediation benefit from having a platform to express their views and the court system benefits by removing a time consuming case from the judge’s calendar.
Officiating a mediation session does not require a legal background. Any attorney, mental health worker, psychiatrist or public accountant can participate. To be certified, instruction in a 40-hour course taught by Supreme Court-certified trainers is necessary. Observing two sessions and co-mediating two sessions is the last step.
All discourse during mediation is strictly confidential; mediators do not report on the matters discussed. The goal is for both parties to reach an amicable agreement. Court-appointed mediations typically result in a 65-70 percent agreement rate.
Dependency cases involve the Department of Children and Families and the parents of abused or neglected children. Formulating a case plan to reunite the family is the objective. Parenting skills, anger management, drug or alcohol detoxification, stable employment and housing and a psychological evaluation are usually part of the case plan.
In the case of divorces, the husband and wife debate a myriad of variables. The particulars include child support, custody, visitation, equitable distribution of assets, debts, medical and dental insurance for the children, pensions, alimony and attorney fees.
When tempers and emotions start to rise, the parties are split apart and mediation resumes separately for each. If an argument rages out of control, the mediator has a panic button located nearby to call a bailiff.
Eight of these sessions are regularly scheduled daily. Most last two hours.
“Mediation is a good process,” said McCloskey, 74. “People get to talk to each other. Both parties are involved in the decision making. They need to be able to talk to each other until that child is at least 18.”
Seemingly a growing trend in family law, even divorce attorneys are leaning to mediation.
“Many attorneys, especially women, didn’t like the adversarial part of divorce,” said McCloskey, who officially retires today. “More people are doing it. It gives them a chance to talk over the issues and make a decision themselves.”
Other types of mediation include small claims, civil cases, insurance and youth mediation.
After over two decades working as a clinical social worker, McCloskey tired of hassling with insurance companies who did not want to cover services. That’s when he decided to try mediation.
“The rewarding part is the way they [the parties] work together; I do quite a bit of agreements,” he said, adding some cases are tougher than others.
“All cases are rough to deal with,” explains McCloskey. “It’s rough when people are getting a divorce and there’s no money. Where does child support come from? Plus, the mediator has no power, no voice in the decision. We can’t give legal advice either. It’s a challenge getting them to trust the system, too. Many don’t understand the system.”
With 15 years of mediation, McCloskey is retiring to a life of leisure with his wife of 50 years, Karleen. Fixing up the house will be his main endeavor.
The couple have two children, Michael, a cognitive psychologist at Johns Hopkins University, and Diane, an oncology researcher at Penn State Hospital.