NCJ Number
95547
Date Published
1985
Length
248 pages
Annotation
This overview of divorce mediation describes the opportunities it provides for divorcing couples compared to litigation and surveys five different mediation models. Forms, brochures, and other data offer insights into the specifics of the mediation process.
Abstract
A historical review of the legal system of divorce demonstrates its strengths and weaknesses for resolving marital disputes. The origins of divorce mediation are also explored, with attention to the five basic states (introduction/commitment, definition, negotiation, agreement, and contracting) and philosophical underpinnings of all mediation styles. Other topics covered include mediation rules and techniques, individual caucusing, children in the mediation session, the role of the nonmediating mental health professional, attorneys as mediators, signs of readiness to mediate, the legality of a mediation agreement, and selecting a mediator. Individual chapters focus on mediation by attorneys, mental health professionals, conciliation courts, and a team (often a male and a female). The fifth model described is structured mediation, taught nationally by the Family Mediation Association and developed by O.J. Coogler. The discussion of each mediation style explains its basic features and particular benefits, using transcripts of mediations in progress. The final chapters provide a collection of brochures given to clients interested in mediation, forms used in the mediation process to work out financial agreements, and agreements regarding mediation, separation, child custody, and marital settlement. Sources of information on mediators, materials used to train attorneys in mediation, and an index are supplied.