Mediating Divorce

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. Written by Marilyn S. McKnight and Stephen K. Erickson, two widely known 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.

1 Introduction 1 PART I: ELEMENTS OF DIVORCE MEDIATION 5 2. What is Client-Centered Mediation? 7 Approaches to Resolving Conflict 7 Competition versus Cooperation 10 3. Your Role As a Mediator 15 Qualifications 15 Responsibilities 15 References 23 4. Emotions Involved in Divorce 25 The Emotional Divorce Process 25 The Relationship Circle 27 Reference 30 PART II: THE MEDIATION PROCESS 31 5. Initial Consultation 35 Administering the Intake Form 36 Screening for Abuse 36 Forming a Relationship 40 Providing Information 42 Closing the Initial Consultation 47 Assigning Homework for Next Session 47 6. Subject Area 1: Establishing a Parenting Plan 49 Child Development and the Effects of Divorce 49 Effects of Spousal Abuse on Children 55 The "Custody" Contest Is Always About Something Else 56 How to Create a Parenting Plan 58 The Process of Establishing a Parenting Plan 63 Assigning Homework for Next Session 69 After the Session 70 Parenting Arrangements 70 Reference 74 7. Subject Area 2: Budgeting for the Future 75 Why the Budgeting Process is Necessary 75 The Process of Budgeting for the Future 76 Assigning Homework for Next Session 84 After the Session 84 Expenses 85 8. Subject Area 3: Dividing Property 89 Listing Property and Its Value 89 Identifying Nonmarital Property 104 Defining Standards of Fairness 104 Final Division and Distribution 104 Summary of Property Division 105 After the Session 106 9. Subject Area 4: Addressing Tax and Legal Issues and Review Agreements 107 Addressing Tax Issues 107 Address Legal Issues 109 Reviewing Agreements 109 Assigning Homework for Next Session 109 After the Session 110 Memorandum of Agreement 114 10. Subject Area 5: Finalizing the Memorandum of Agreement 141 11. Mediator Strategies143 Basic Mediator Strategies 143 Strategies for Mediating Special Situations 160 Strategies for Avoiding Impasse163 Reference 175 PART III: APPENDIXES 177 A. Forms 179 B. Recommended Readings 201