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Divorce and Family Mediation by Jay Folberg,Ann Milne,Peter Salem Pdf
Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.
Although divorce is essentially a matter of personal choice, its emotional aspects are necessarily entwined with legal dynamics, making decisions about divorce a matter of both the heart and the law. Consequently, feelings become facts that must be accommodated in the divorce process in order to reach a viable lasting result. Divorce mediation, an alternative to traditional judicial intervention and third-party decision making, facilitates private negotiation and takes into account emotional as well as legal dimensions of marital dissolution. This process empowers divorcing couples to be actively involved in making the choices that will affect their lives for years to come. The divorce mediator acts as a neutral party who promotes decision making with the family and helps divorcing couples to develop their own parental, financial, and property arrangements. Because divorce mediation views divorce as a multidimensional process that involves both legal and psychological matters, it has attracted professionals from both fields who wish to facilitate a less adversarial approach to the dissolution of a marriage. DIVORCE MEDIATION: THEORY AND PRACTICE fills the currently unmet need for a comprehensive treatment of this burgeoning field. Editors Folberg and Milne, both nationally recognized authorities, have compiled an interdisciplinary state-of-the-art work on divorce resolution. Leading practitioners have contributed chapters which define the theory of divorce mediation, and outline techniques and strategies, as well as ethical considerations and constraints, standards of practice, and policy issues. Current results and forthcoming research findings on such important and controversial matters such as mediation's role in domestic violence disputes are also included. The volume opens with a lucid discussion of theory and practice, the nature of divorce disputes, and methods for achieving settlements. It goes on to offer a detailed overview of the psychological and legal dimensions to be considered. Next, organizational settings in which divorce mediation occurs, namely courts-of-law, private practice, agencies, and organizations are discussed. The implications of divorce mediation for such complex areas of dispute as child custody and financial agreements are vividly conveyed. The process of engaging couples in constructive communication and reducing irrationality is fully explored in the chapters on power balancing, communication strategies, and techniques to break impasses. Legal and ethical issues discussed include liability of divorce mediators, confidentiality and privilege, and standards of practice. The book closes with comprehensive coverage of research results, a longitudinal comparison of mediated versus adversarial divorce, and an in-depth descriptive analysis of common divorce mediation behaviors. This groundbreaking volume brings together a wide range of noted practitioners and researchers in this dynamic discipline to produce the singular interdisciplinary, comprehensive work on this subject to date. DIVORCE MEDIATION: THEORY AND PRACTICE will be an indispensable tool for mediators, therapists, social workers, lawyers, educators and other dispute resolution professionals. It will be of interest to anyone concerned with empowering couples to determine their own mutual and individual responsibilities, and rendering the process of marriage dissolution more cooperative and humane.
Author : C. James Richardson,Canada. Department of Justice Publisher : Ministère de la justice Canada, Recherche en droit de la famille Page : 132 pages File Size : 52,9 Mb Release : 1988 Category : Divorce mediation ISBN : UOM:39015015648028
Court-based Divorce Mediation in Four Canadian Cities by C. James Richardson,Canada. Department of Justice Pdf
Recent years have seen a growing interest in the development and encouragement of ways of ending unhappy marriages which minimize the social, psychic and economic costs. One alternative to the traditional legal process is divorce mediation, the use of a neutral third party whose goal is to aid separating and divorcing couples through conciliation counselling. This report is an evaluation of this innovation in family law, concerning itself with the development, nature and impact of mediation as an alternative dispute resolution. The report draws upon the Winnipeg Study and the Divorce and Family Mediation Study, from the Department of Justice, and presents their major findings on court-based divorce and family mediation services.
Can you really have a civilized divorce without an expensive and stressful court battle? Ending a marriage is always difficult, but it doesn’t need to be fraught with financial or emotional conflict. This book guides you through a negotiated divorce, using alternatives to court, such as divorce mediation or a new approach called, "collaborative divorce."
“So far lawyers are the only ones getting any money.” “There’s no middle ground. We only talk through lawyers.” “I open my mouth and we end up screaming at each other.” Sound familiar? What if there was a way to divorce with a minimum of hostility, time, and expense? It is attainable, even if you are working towards these goals without the cooperation of your spouse. The Yoga of Divorce advocates that we shift our reactions and embrace the notion of cooperative opposition, the idea that the same non-adversarial process that works on the yoga mat can be used at the negotiation table. The key to The Yoga of Divorce’s strategy is to 'park ego at the door'. If we stop trying to 'win' but instead seek a solution that is fair to both sides, we make much smoother progress. The mindful practice of cooperative opposition can simultaneously resolve physical stress and social conflict by intentionally balancing opposite forces. It might seem simple, but it takes conscious effort. We urgently need to make calm decisions at those times when being calm is most difficult—such as in the midst of emotional crisis. When stakes are highest we feel most triggered to attack. For the sake of our children, our wealth, and our personal well-being, we need to work past negative emotions and put ego in its place. Only then will we find lasting peace and amicable resolutions.
"Divorce mediation offers mental health professionals and lawyers an effective way to help couples dissolve their marriages, minimizing the frustration and animosity commonly associated with the adversarial process. The rapid growth of divorce mediation centers is evidence of the need for specially trained professionals who can continue working with clients once the decision to divorce is made. This handbook will enable clinical psychologists, counselors, clergy, and social workers to expand their practice into this important field. Lawyers also will find the book useful in relating to divorce clients and to mediators. The author presents a model for helping couples negotiate mutually beneficial separation agreements while coping emotionally with divorce. He demonstrates how a mediator helps resolve key issues concerning the division of personal and real property, support, children, and plans for the future. He gives step-by-step guidelines for moving through the mediation process and illustrates this with nine case studies. Also included are a discussion of the special problems of children of divorcing couples, and appendixes containing a manual for clients and sample separation agreements." -- Jacket.
Using Divorce Mediation by Katherine E. Stoner Pdf
A comprehensive manual to the divorce mediation process covers selecting a mediator, going to court, negotiation, financial settlements, and judgements in contested and uncontested divorce situations.
Author : William A. Donohue Publisher : Taylor & Francis Page : 223 pages File Size : 55,5 Mb Release : 2023-07-05 Category : Family & Relationships ISBN : 9781000894226
Communication, Marital Dispute, and Divorce Mediation by William A. Donohue Pdf
Few Americans escape the experience of divorce, either first-hand or through the dissolutions of marriages of friends or relatives. According to the author, mediation offers a good alternative to the strictly adversarial divorce process that was so prevalent before such programs began to emerge. Originally published in 1991, this book was unique at the time in that it not only explores the role of communication in divorce mediation, but it also presents original research to support its claims. A series of empirical studies, it points readers to a more focused set of recommendations about communication than the typical practitioner's "How-to" books. A simulation exercise is also included, so that readers can apply the concepts described and see the results. The main goal of this text is to provide mediators with a language for understanding their own and their disputants’ communication patterns, strategies, and tactics – a shortcoming of most other books on this topic when first published.
A recent survey show that more than 50% of all divorcing couples are dissatisfied with litigation procedures. This information is released in a new book that outlines a public relations program to raise consumer awareness of divorce mediation. Good Divorces, Bad Divorces: A Case For Divorce Mediation concentrates on strategies for influencing consumer behavior, communications, and the efficient use of mass media aimed at special populations. Attitudes, behavior, images, credibility, and demographics, are discussed. Included in the book are samples of press releases, brochures, scripts, print ads, etc., for the mediator to use to educate the majority of men and women who have never heard of Divorce Mediation. Dr. Hauser, Assistant Professor at New York University, and Family Mediator, has fused her two decades of being president and chief operating officer of three major businesses in the field of communication-- advertising, public relations and marketing with her research in divorce mediation to write this do-it-yourself public relations plan for Divorce Mediators.
C. James Richardson,Canada. Department of Justice,Canada. Family Law Research
Author : C. James Richardson,Canada. Department of Justice,Canada. Family Law Research Publisher : Unknown Page : 386 pages File Size : 50,6 Mb Release : 1988 Category : Custody of children ISBN : UOM:39015016142690
Divorce and Family Mediation Research Study in Three Canadian Cities by C. James Richardson,Canada. Department of Justice,Canada. Family Law Research Pdf
The findings described in this report come from a two-year study of court-based divorce mediation and separation counselling in Saskatoon, Montreal, and Saint John's. This document reviews the issues of concern with respect to divorce and family mediation and some of the findings from social science research which underlie the rationale for non-adversarial approaches to marriage breakdown. It also describes the research design and data base for each of the research modules and sites. It provides a descriptive account of the three courts and their mediation service and approach. In addition, it looks at mediation in Canada more generally, and includes an analysis and evaluation of the outcomes of divorce mediation, with particular reference to the economic situation of couples and their children, to custody and access, to parenting generally, and the impact of mediation on various aspects of the court process.
Divorce Mediation from the Inside Out by Ora Schwartzberg Pdf
If you are like most people who are going through a divorce, you would prefer to keep things civil -- especially if you have children. Unfortunately, even relatively friendly breakups can become acrimonious once the courts get involved. Couples with the best of intentions find themselves paying their attorneys thousands of dollars to haggle over issues that, in the long run, really don't matter. Divorce Mediation from the Inside Out presents a better option for couples who want to get on with their lives. Speaking from years of experience as a divorce mediator, Ora Schwartzberg explains why mediation not only costs substantially less than going to court, but also results in more relevant, fair resolutions. If you want to divorce with dignity and develop a blueprint for a satisfying life after your marriage ends, this book will set you on the right path.
Mediation in Family & Divorce Disputes by John O'Leary Pdf
Mediation in Family & Divorce Disputes is intended as a handbook for mediators and clients who are involved with family and divorce disputes. It distills 20 years' of priceless experience into a succinct and lucid handbook that will be invaluable to attorneys, mediators, social workers, pastors, psychologists and parties to disputes, helping clients to decide whether they would like to try to resolve their dispute through mediation and professionals to reflect on the fundamental principles and practical applications of their work. For mediators the book sets out to provide practical and theoretical guidelines for their work. The practice tips, further reading suggestions and references serve as an introduction to some of the work of leading mediators in the field for those readers who would like to develop a deeper understanding of the process. The book is also designed to be of use to those who have recently been trained as mediators or will soon be trained, as it complements the material usually presented in such training. For clients it explains what they can expect in the mediation process, tips as to what to look for in a mediator and what they can do to prepare for their mediation in order to get the most out of the process.
