NCJ Number
112708
Date Published
1988
Length
247 pages
Annotation
Based on 11 years' experience, this text provides a conceptual framework for family mediation and illustrates it in case examples.
Abstract
The framework emphasizes open and honest communication, persuasion rather than coercion, trust and mutality, assertive attitudes, a focus on the future rather than the past, and positive rather than negative attitudes. It also emphasizes the use of negotiating methods that include bargaining over interests not positions, attacking problems not persons, developing fair and mutually acceptable principles, and creating options that benefit each of the parties. Within this framework, outcome goals include having all parties be winners, empowerment, meeting the needs of both disputants, and facilitating an ongoing relationship in which there is dignity rather than alienation of the parties. The differences between mediation and counseling and adversarial processes is examined within these principles. The physical, emotional, and procedural setting of family mediation are described; and major strategies are discussed, including defining and narrowing issues, controlling discussion of issues, defining and bargaining on the basis of interest and needs, defining objectives and standards, promoting reality, finding mutual options and solutions, and drafting the agreement. Examples of power imbalance and strategies for avoiding impasse also are provided and illustrated. Case examples deal with a typical divorce mediation, a spousal abuse relationship in divorce mediation, and child custody disputes. Mediation guidelines, a mediation agreement, and a mediation questionnaire are appended. 24 references and an index.