Mediating Divorce : A Step-by-Step Manual

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  • Edition: 1st
  • Format: Paperback
  • Copyright: 2002-04-18
  • Publisher: Jossey-Bass
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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

Introductionp. 1
Elements of Divorce Mediationp. 5
What Is Client-Centered Mediation?p. 7
Approaches to Resolving Conflictp. 7
Competition Versus Cooperationp. 10
Your Role As a Mediatorp. 15
Qualificationsp. 15
Responsibilitiesp. 15
Referencesp. 23
Emotions Involved in Divorcep. 25
The Emotional Divorce Processp. 25
The Relationship Circlep. 27
Referencep. 30
The Mediation Processp. 31
Initial Consultationp. 35
Administering the Intake Formp. 36
Screening for Abusep. 36
Forming a Relationshipp. 40
Providing Informationp. 42
Closing the Initial Consultationp. 47
Assigning Homework for Next Sessionp. 47
Subject Area 1: Establishing a Parenting Planp. 49
Child Development and the Effects of Divorcep. 49
Effects of Spousal Abuse on Childrenp. 55
The "Custody" Contest Is Always About Something Elsep. 56
How to Create a Parenting Planp. 58
The Process of Establishing a Parenting Planp. 63
Assigning Homework for Next Sessionp. 69
After the Sessionp. 70
Parenting Arrangementsp. 70
Referencep. 74
Subject Area 2: Budgeting for the Futurep. 75
Why the Budgeting Process Is Necessaryp. 75
The Process of Budgeting for the Futurep. 76
Assiging Homework for Next Sessionp. 84
After the Sessionp. 84
Expensesp. 85
Subject Area 3: Dividing Propertyp. 89
Listing Property and Its Valuep. 89
Identifying Nonmarital Propertyp. 104
Defining Standards of Fairnessp. 104
Final Division and Distributionp. 104
Summary of Property Divisionp. 105
After the Sessionp. 106
Subject Area 4: Addressing Tax and Legal Issues and Reviewing Agreementsp. 107
Addressing Tax Issuesp. 107
Addressing Legal Issuesp. 109
Reviewing Agreementsp. 109
Assigning Homework for Next Sessionp. 109
After the Sessionp. 110
Memorandum of Agreementp. 114
Subject Area 5: Finalizing the Memorandum of Agreementp. 141
Mediator Strategiesp. 143
Basic Mediator Strategiesp. 143
Strategies for Mediating Special Situationsp. 160
Strategies for Avoiding Impassep. 163
Referencep. 175
Appendixesp. 177
Formsp. 179
Recommended Readingsp. 201
Table of Contents provided by Syndetics. All Rights Reserved.

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