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.
Marilyn S. McKnight, M.A. and Stephen K. Erickson, J.D. are founders, directors, and mediators with the Erickson Mediation Institute in Minneapolis, Minnesota. McKnight, a social worker, and Erickson, an attorney, have each served terms as president of the board of the Academy of Family Mediators. They have written numerous articles and books in the field including Practitioner's Guide to Mediation (Wiley, 2001).
1 Introduction 1PART I: ELEMENTS OF DIVORCE MEDIATION 52. What is Client-Centered Mediation? 7Approaches to Resolving Conflict 7Competition versus Cooperation 103. Your Role As a Mediator 15Qualifications 15Responsibilities 15References 234. Emotions Involved in Divorce 25The Emotional Divorce Process 25The Relationship Circle 27Reference 30PART II: THE MEDIATION PROCESS 315. Initial Consultation 35Administering the Intake Form 36Screening for Abuse 36Forming a Relationship 40Providing Information 42Closing the Initial Consultation 47Assigning Homework for Next Session 476. Subject Area 1: Establishing a Parenting Plan 49Child Development and the Effects of Divorce 49Effects of Spousal Abuse on Children 55The "Custody" Contest Is Always About Something Else 56How to Create a Parenting Plan 58The Process of Establishing a Parenting Plan 63Assigning Homework for Next Session 69After the Session 70Parenting Arrangements 70Reference 747. Subject Area 2: Budgeting for the Future 75Why the Budgeting Process is Necessary 75The Process of Budgeting for the Future 76Assigning Homework for Next Session 84After the Session 84Expenses 858. Subject Area 3: Dividing Property 89Listing Property and Its Value 89Identifying Nonmarital Property 104Defining Standards of Fairness 104Final Division and Distribution 104Summary of Property Division 105After the Session 1069. Subject Area 4: Addressing Tax and Legal Issues and Review Agreements 107Addressing Tax Issues 107Address Legal Issues 109Reviewing Agreements 109Assigning Homework for Next Session 109After the Session 110Memorandum of Agreement 11410. Subject Area 5: Finalizing the Memorandum of Agreement 14111. Mediator Strategies143Basic Mediator Strategies 143Strategies for Mediating Special Situations 160Strategies for Avoiding Impasse163Reference 175PART III: APPENDIXES 177A. Forms 179 B. Recommended Readings 201