Mediating Divorce A Step-by-Step Manual

by McKnight, Marilyn S.; Erickson, Stephen K.

• ISBN13: 9780787958497
• ISBN10: 0787958492
• Edition: 1st
• Format: Paperback
• Copyright: 2002-04-18
• Publisher: Jossey-Bass

Summary

Mediating Divorce: A Step-by-Step Manual is written for family law attorneys and therapists who need a comprehensive resource for facilitating the divorce mediation process. This invaluable package--which includes a mediator's manual and two client workbooks--provides a four-step method for leading a successful divorce mediation. Written by Marilyn S. McKnight and Stephen K. Erickson, two widelyknown pioneers in the field of divorce mediation, this useful guide will show how to implement the techniques needed to be an effective divorce mediator. It includes helpful information for understanding and working through the emotions experienced by people going through a divorce.

Author Biography

Marilyn S. McKnight, M.A. and Stephen K. Erickson, J.D. are founders, directors, and mediators with the Erickson Mediation Institute in Minneapolis, Minnesota. McKnight, a social worker, and Erickson, an attorney, have each served terms as president of the board of the Academy of Family Mediators. They have written numerous articles and books in the field including Practitioner's Guide to Mediation (Wiley, 2001).

Table of Contents

Introduction	p. 1
Elements of Divorce Mediation	p. 5
What Is Client-Centered Mediation?	p. 7
Approaches to Resolving Conflict	p. 7
Competition Versus Cooperation	p. 10
Your Role As a Mediator	p. 15
Qualifications	p. 15
Responsibilities	p. 15
References	p. 23
Emotions Involved in Divorce	p. 25
The Emotional Divorce Process	p. 25
The Relationship Circle	p. 27
Reference	p. 30
The Mediation Process	p. 31
Initial Consultation	p. 35
Administering the Intake Form	p. 36
Screening for Abuse	p. 36
Forming a Relationship	p. 40
Providing Information	p. 42
Closing the Initial Consultation	p. 47
Assigning Homework for Next Session	p. 47
Subject Area 1: Establishing a Parenting Plan	p. 49
Child Development and the Effects of Divorce	p. 49
Effects of Spousal Abuse on Children	p. 55
The "Custody" Contest Is Always About Something Else	p. 56
How to Create a Parenting Plan	p. 58
The Process of Establishing a Parenting Plan	p. 63
Assigning Homework for Next Session	p. 69
After the Session	p. 70
Parenting Arrangements	p. 70
Reference	p. 74
Subject Area 2: Budgeting for the Future	p. 75
Why the Budgeting Process Is Necessary	p. 75
The Process of Budgeting for the Future	p. 76
Assiging Homework for Next Session	p. 84
After the Session	p. 84
Expenses	p. 85
Subject Area 3: Dividing Property	p. 89
Listing Property and Its Value	p. 89
Identifying Nonmarital Property	p. 104
Defining Standards of Fairness	p. 104
Final Division and Distribution	p. 104
Summary of Property Division	p. 105
After the Session	p. 106
Subject Area 4: Addressing Tax and Legal Issues and Reviewing Agreements	p. 107
Addressing Tax Issues	p. 107
Addressing Legal Issues	p. 109
Reviewing Agreements	p. 109
Assigning Homework for Next Session	p. 109
After the Session	p. 110
Memorandum of Agreement	p. 114
Subject Area 5: Finalizing the Memorandum of Agreement	p. 141
Mediator Strategies	p. 143
Basic Mediator Strategies	p. 143
Strategies for Mediating Special Situations	p. 160
Strategies for Avoiding Impasse	p. 163
Reference	p. 175
Appendixes	p. 177
Forms	p. 179
Recommended Readings	p. 201
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