LawRegulatory Compliance

Is it necessary to take into account force majeure in the formation of the psychoanalytic setting

Setting is the set rules for conducting psychoanalytic therapy with the client. In psychoanalysis, there is no standard contract of cooperation for all categories of clients, and with each a setting is established, based on the individual characteristics and needs of the person applying for help. In a cooperation agreement, force majeure is briefly described as force majeure circumstances that could disrupt therapy. In the Russian legislation in Art. 401 part 3 of the Civil Code states that the parties to the contract are liable if they can not prove that improper performance of contractual obligations depended on extraordinary, unavoidable circumstances. In order to avoid manipulation by clients, the first session should clarify what is included in the concept of force majeure:

1) Circumstances should not just be difficult to implement, but absolutely impossible and extend not to one person, but to all people. This may be due to climatic conditions (snowstorm, snowfall, hurricane or earthquake), with political obstacles (revolutions, strikes, road blocking).

2) Legal force majeure, when the adoption of decrees prohibiting such activities or impeding the start of work due to the closure of the office building, cabinets.

3) Short-term force majeure circumstances: fire, epidemic, tragic circumstances of life related to close relatives.

If the client does not have enough oral contracting and disclosure of all circumstances that may lead to a violation of treatment, a bilateral agreement is concluded in which all possible obstacles must be stated in writing. Force majeure in the contract is formulated in a separate paragraph:

"Under an irresistible and unavoidable force, the treaty should be understood as extraordinary events that could not be envisaged when concluding a contract." Further, it is possible to list these circumstances or their oral presentation.

The rules for meeting the conditions of the setting described in the contract apply not only to the client, but also to the psychoanalyst. Advance should be discussed: the frequency of visits, the duration of one session, the purpose of the work, the form of analysis, the possibility of interrupting therapy for the period of leave, the amount of payment. So, with borderline patients it is very important to set the clock and the duration of the reception from the very beginning. A clear adherence to these boundaries allows the client to feel protected. Delays at the reception are pronounced at the first violation of the setting: work with the client can not be continued for the time of its delay, but is carried out strictly on time. The payment is still retained in full. Thus. The client can decide on his own, be late for him at the reception or not, is he ready to pay not for 45 minutes of work, but for 20-30 minutes the same amount? Late arriving of the therapist is unacceptable. Traumatize the patient, create a negative transfer.

If in advance, when forming the setting, an agreement will be reached that force majeure is an irresistible, but fully discussed circumstance, then any event can be analyzed from the position of impact on the human psyche, on his feeling and experience. This gives an opportunity to discuss the patient's emotions in relation to the analyst, to events in the state, to parents. After all, he could perceive very many situations before as insurmountable. But are all of them so?

With hysterical and anti-social types of personality, prone to manipulation, the conditions of setting are pronounced at the first meeting. Asocial clients should immediately indicate the inability to skip sessions and establish payment for the missed session, and with hysterical clients make restrictions on tactile contacts and indicate the inability to increase the meeting time on the same day. The conviction of some that they can be manipulated by anyone, hiding the true reasons for their behavior and the need for others to provoke the implementation of eroticized interactions require from the analyst not only clear guidelines from the first day, but also careful compliance with the agreements and their regulation in case of violation of both sides.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.birmiss.com. Theme powered by WordPress.