Family & Divorce Mediation Articles
Family Life-Line Through Wide-Base Support (8/23/10)
Mary Aderibigbe Family matters are not suited for resolution in the court because of its adversarial nature. It increases hostilities, bitterness and escalates conflicts hurting children. Mediation is beneficial in family matters. Mediation is private and aims at amicable settlement, but this is not yet fully embraced in Nigeria. Mediation can also be practised in collaboration with other services to reconcile and strengthen families.
Launching A Child Of Divorce (8/23/10)
Nancy Caplan The pain of contentious divorce or post-divorce disputes is a pain that keeps on giving, and young adult children are not exempt from the negative effects. Consider the young adult child who is going off to college for the first time. The packing list? Clothes, bedding, desk lamp, the burden of worry for the parents left behind in a state of fear, anger and agitation due to the vicious back-and-forth of the adversarial process and the uncertainty of outcome guaranteed by the judicial system process.
Precious Life: Just Hold On (8/09/10)
Jan Frankel Schau I had a challenging mediation last week when I was asked to mediate a Conservatorship of an elderly lady, whose two living children could not agree upon the appropriate care for her and could not bear to be in the same room together--leading to an awkward visitation schedule. As a consequence, neither son was "holding on" and both feared she would die alone.
Conflict Resolution Through Speaking The Truth In Love Not In War (8/01/10)
Mary Aderibigbe Divorce, separation, family violence, perennial disputes rocking many homes, ever so often stem from minor misunderstandings, which were inadvertently left to escalate due to neglect or improper management. Marital relationships are strengthened when differences are afforded early attention and amicable settlement. The contrary is the case when disagreements between couples are left unattended, or devoid of effective management.
Reconciliation: Moving Past Divorce (7/26/10)
Dina Haddad After separation and during the divorce process, you likely have become angry, resentful, and hostile towards your spouse. When our relationships become threatening, such as a damaged marriage relationship, we protect ourselves by forming a negative image of the other person. This negative image helps us live on with our lives, without experiencing psychological disintegration.
On Non-Alternative ADR (7/26/10)
Arnold W. Zeman To a considerable extent, family law is about family breakdown and the disagreements that follow. No one thinks that courts of law are the ideal place to deal with these matters. But though the concept of alternative dispute resolution has been in currency since the 1980s, many of the attempts at it have still been very much inside the court context – what might be called “non-alternative alternative dispute resolution.
Marital Agreements Upheld in Massachusetts (7/18/10)
John Fiske The Supreme Judicial Court of Massachusetts on July 16, 2010 answered in Ansin v. Craven-Ansin the long-deferred question of whether a marital agreement should be recognized. The answer is "yes." Their reasoning centers around the spouses’ freedom to contract, "permitting the parties to arrange their financial affairs as they best see fit.”
Learning To Forgive In Divorce (7/12/10)
Dina Haddad Often overlooked, divorcing spouses struggle to forgive their spouses and themselves. This inability often prevents them from being able to reach an optimal settlement, whether in mediation or litigation. Dina Haddad sets out a guideline for divorcing spouses to begin the forgiveness process in the context of the divorce setting.
Ireland- Lawyers Urged To 'Buy Into' Mediation (7/12/10)
Jeff Thompson he Chief Justice and many other judges have expressed their support for the wider use of mediation in family law – and, indeed, other – disputes, and provision now exists in the Commercial Court for cases to be adjourned for mediation. The Legal Aid Board has taken steps to increase use of mediation by its solicitors. Yet the proportion of family law cases being mediated remains low, partly because of lingering suspicion of the process among lawyers.
(7/12/10)
Keith Seat
In the fictional, but undoubtedly influential world of NBC’s The Office, a mediator is brought in to resolve a contract dispute between characters Dwight and Angela to produce a child. The mediator apparently determines the legitimacy of the contractual arrangement between the parties who then reach a sexual solution to their conflict that may be unique in real life contract disputes.
Frothy Girlz.com (May 15, 2010)
“Happy Wife, Happy Life” and Mediation (7/05/10)
Laurie Israel Did you ever hear the expression “Happy Wife, Happy Life”? This overused adage seems to help some people (generally husbands) focus on their wife’s happiness in order to secure a peaceful, happy marriage. Surprisingly, the concept may have some academic support.
Why Biased Mediators Are Essential In Child Custody Disputes (7/05/10)
Erica Becks Let’s face it; most humans are hard-wired to be somewhat self-interested. In many ways, self-interest is a survival mechanism, which ensures that our needs are met first. However, the purpose of this article is not to decide whether we as humans should or should not be self-interested. What I would like to explore, is what happens when self-interest begins to hijack the child custody mediation process?
Joan Kelly: Describing the book "Surviving the Break-Up" - Video (7/04/10)
Joan B. Kelly Joan Kelly talks about the central themes of her book, "Surviving the Break-Up". These include: impacts on children of different ages, impacts on the parents, reactions to the visiting relationship post-divorce, developmental impacts and behaviors over time.
Divorce Mediation: A Tool For Empowerment (6/13/10)
Dr. Lynne C. Halem Why do individuals choose to mediate their separation, divorce, or post-divorce issues? For twenty-eight years, we at the Centre for Mediation & Dispute Resolution (CMDR) have been tracking the responses of our clients. Here’s a sampling of what they tell us:
Divorce Presents Many With The Opportunity For Fresh Start (6/07/10)
Cynthia M. Fox Divorce is, quite literally, a termination point. A union of two lives, whether over several years or just a few months, comes to an end. At that moment, one road travelled together ends and two new roads must be built and navigated separately.
The “Accidental” Mediator (5/31/10)
Phyllis Pollack Sometimes, the goal of a mediator is not to settle the case but simply to prevent the dispute from escalating into all out war. I was reminded of this recently by getting into the middle of a dispute between two friends who have been separated for many years and now wanted to finalize it by a divorce. The only issue was the property settlement. To be noted well, I am not trained in family law, am not licensed to practice law in the jurisdiction in which my friends lived and being close to both of them, I have a huge conflict of interest (“Disclaimer”).
Joan Kelly: Families Closer Post-Divorce - Video (5/31/10)
Joan B. Kelly Joan Kelly describes a research finding which concluded that families who mediated during the divorce had father's who were significantly more involved in their children's lives twelve years post-mediation.
Chip Rose: Mediation and Collaborative Law - Video (5/29/10)
Chip Rose Chip Rose notes that the field of collaborative law is in its adolescence and there is tension between the collaborative law people who think they are creating something new when in reality mediators have been helping divorcing couples for decades. The history and experience in the mediation field is not always fully appreciated and valued.
Child Support Duty To 18-Year-Old Not Graduated From High School (5/24/10)
Nancy Caplan In 2002, Maryland lawmakers revised the law extending the “age of majority” as it relates to child support, from 18 years old, to 18 years old and graduated from high school, but in any event, no longer than age 19. [i] Thus age 19, for child support purposes, is the outer limit of the “age of majority.” [ii]
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