Mediating Divorce A Client's Workbook

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

• ISBN13: 9780787944858
• ISBN10: 0787944858
• Edition: 1st
• Format: Paperback
• Copyright: 1998-12-28
• Publisher: Jossey-Bass

Summary

Mediating Divorce is the most readable text on mediation thus far. The book really is a philosophical guide to divorce mediation and clearly spells out the elements and processes of divorce mediation. The book should have been written years ago and is destined to be a classic. ?Tan Ngoh Tiong, executive member, International Federation of Social Workers Client's Workbook, contains helpful assessment tools and checklists, these 'take-home assignments' are an integral part to the mediation process.

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

Before	p. 1
Introduction	p. 3
Emotions Involved in Divorce	p. 5
Emotional Divorce Process	p. 5
The Relationship Circle	p. 7
Divorce Mediation	p. 11
Competition Versus Cooperation	p. 13
Approaching Conflict Constructively	p. 16
Your Initial Consultation with the Mediator	p. 19
What You Can Expect During Mediation	p. 19
The Role of the Mediator	p. 21
Rules of Mediation and the Contract to Mediate	p. 21
Mediation Fees	p. 22
Conclusion of the Initial Consultation	p. 23
Subject Area 1: Establishing a Parenting Schedule	p. 25
Homework	p. 25
Child Development and the Effects of Divorce	p. 26
Introduction to This Mediation Session	p. 27
The "Custody" Battle Is Always About Something Else	p. 33
The Process of Establishing a Parenting Plan	p. 35
Subject Area 2: Budgeting Future Living Expenses	p. 43
Homework	p. 43
Introduction to This Mediation Session	p. 44
Defining Standards of Fairness	p. 44
Budgeting Living Expenses	p. 45
Determining Net Income	p. 45
Assessing the Shortfall	p. 45
Determining Child Support	p. 46
Addressing the Issue of Spousal Support	p. 47
Subject Area 3: Dividing Property	p. 49
Homework	p. 49
Introduction to This Mediation Session	p. 50
Listing Property and Its Value	p. 50
Identifying Nonmarital Property	p. 57
Defining Standards of Fairness	p. 57
Deciding Who Gets What and Assessing Fairness	p. 57
Subject Area 4: Reviewing Progress and Pulling It All Together	p. 59
Homework	p. 59
Introduction to This Mediation Session	p. 59
Addressing Tax Issues	p. 59
Addressing Legal Issues	p. 61
Reviewing Agreements	p. 61
Memorandum of Agreement	p. 64
Parenting Arrangements	p. 64
Dependent Spouse Health Insurance	p. 67
Expenses	p. 67
Subject Area 5: Finalizing the Memorandum of Agreement	p. 71
Homework	p. 71
Finalizing the Settlement	p. 71
Mediation Questionnaire	p. 73
Household Furnishings and Personal Property Form	p. 85
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