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Spousal Support - A Many-Faceted Issue in Mediation

NCJ Number
102446
Journal
Mediation Quarterly Issue: 13 Dated: (Fall 1986) Pages: 77-87
Author(s)
M Barsky
Date Published
1986
Length
11 pages
Annotation
Three case studies of spousal support mediation focus on the psychosocial meaning of spousal support, spousal support and its connection to child support and the asset/debt division, and spousal support as an approximation of judicial precedence.
Abstract
The case analyses indicate that spousal support agreements are grounded in economic facts, which provide the foundation for the negotiations. With this foundation, the mediator must understand the interplay of the parties' motivations in the areas of psychosocial meanings of spousal support, the connection to other financial aspects of the settlement, and the worst or best court-mandated alternatives to a negotiated settlement. The mediator's view of the spousal support issue in each case was multifaceted and was communicated to the couple. First, each couple needed to understand the estimated budgets and the possible resources available to the family. Next came a reassessment of the asset and debt division. This was followed by an exploration of court trends and attorneys' opinions. The latent psychological and social meanings were then addressed. What emerged in each case was a a spousal support agreement with a clear and valid meaning for both parties. 5 references.

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