Modern Divorce And Mediation

The purpose of this book is to provide a brief explanation of mediation, specifically divorce mediation. It talks about the many benefits of divorce mediation over the adversarial process, which involves two attorneys representing the two sides to negotiate and argue on their behalf. The reason I have called this book Modern Divorce is because of the way everything around us is taking a new and modern path in our everyday lives.

The purpose of this book is to provide a brief explanation o mediation, specifically divorce mediation. It talks about the many benefits of divorce mediation over the adversarial process, which involves two attorneys representing the two sides to negotiate and argue on their behalf. The reason I have called this book Modern Divorce is because of the way everything around us is taking a new and modern path in our everyday lives.

Preface by Hugh McIsaac Family mediation has quickly become a significant means of legal dispute resolution, recognized in most North American jurisdictions as a relief to already overburdened judicial systems. Using an innovative practical approach, the authors of Family Mediation incorporate the pivotal principles of family therapy into this new context--the judicial realm of family mediation. The practice model--therapeutic family mediation--thoroughly treats history, specific issues, and practice in an ecosystemic approach and responds to feminist critique of mediation. In addition, the authors offer important perspectives on mediating with multicultural populations and the role of the mediator in child custody disputes and child protection cases. Through examination of family mediation research as well as helpful case history vignettes, the authors of this volume take action to fill significant gaps between family therapy and mediation. Family Mediation provides a new take on family mediation that will benefit not only professionals and researchers in family studies, social work, clinical psychology, and sociology but also professional and volunteer mediators, conciliation court personnel, and family law specialists. "Family Mediation is an excellent blend of scholarship and practice, and it is the best of the books I have read on family mediation. First, it is clear and well written. Second, it provides an in-depth, current review of the divorce literature. The literature on divorce is large, uneven, and difficult to interpret. The authors have done a service to the profession by skillfully reviewing and integrating this literature." --Stephen J. Bahr, Brigham Young University "This book is one of the most comprehensive and well-researched texts on mediation to date. The authors have compiled an immense array of information regarding the history of family mediation, the practice and knowledge base, a review of literature regarding divorce, the principles of mediation, gender and cultural issues, elements in a child custody dispute, sharing parenting, cultural issues, and the use of mediation in dependency, and they include an excellent summary of research conducted. . . . Of particular value is the enormous scope of the review of literature and the work of others, not only in Canada but also the United States, Australia, and Great Britain, underscoring the international nature of this transformation. What Howard H. Irving and Michael Benjamin have done is chart a major shift in the handling of conflict and they have done it very well." --Family and Conciliation Courts Review "Howard H. Irving and Michael Benjamin have surveyed and summarized an immense amount of material within the covers of this volume, presenting it in a clear, readable style. It is one of the rare texts on mediation that does justice to the complexity of families generally and families in North America particularly--to their diversity of culture, to the scope of feminist thought and gender differences, and to the ranges of social class. Their attention to divergent forms of mediation and differences in practice across jurisdictions is broadly sighted. An excellent choice for a text in mediation." --Mary A. Duryee, Family Court Services, Alameda County, Oakland, CA "Howard H. Irving and Michael Benjamin grapple with what is the most difficult event that confronts almost half of all modern families--divorce. Historically, the developmental issues and problems surrounding divorce have been solved in the courts. But modern-day courts are overwhelmed by an avalanche of divorce cases, more than a million a year, and are unable to meet the needs of separating parties. Family Mediation offers a fundamentally different approach from the conventional legal system. The empirical research and clinical experience Irving and Benjamin bring to bear on this subject have resulted in the seminal work in this area. This delightful and thoughtful book is a must for the modern mediation practitioner who works with families and children." --Duncan Lindsey, Professor, UCLA, and Editor-in-Chief, Children and Youth Services Review "This book is unique in providing a complete overview of relevant subject areas for family mediation under one cover. Its writing is timely because it dispels some of the myths in the rapidly expanding field of family mediation. . . . Family Mediation is a comprehensive text that follows the development of family mediation through the present and concludes with the predictors of future directions. It is perhaps the most thorough critical review of the literature pertaining to family mediation and develops an inclusive practical model of practice for practitioners. The book is readable . . . responsible, and of interest to family mediators and the family law lawyers who work closely with them. It may become a must as a background for the novice family mediator about to embark on a course of training." --Laurel Pearson, McWhinney, Metcalfe, and Associates, Toronto, Canada

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.

“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.

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.

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.

"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.