Mediating Divorce Agreement

James Melamed, Esq.

Outline > Mediative Strategy
  







Mediative Strategy

Mediators use the following strategies at different times, including the 3 following basic approaches:

  • Interest-Based Option Development
    • rapport building
    • information gathering
    • interests and options
    • harvest easy agreements
    • package deals
  • Hypothesis Generation and Testing
    • based on outcomes, interests, principles
    • importance of rationale
  • Doubt and Dissonance
    • base on rapport
    • mutual and individual

 

INTEREST-BASED OPTION DEVELOPMENT

Interests and Positive Intentions

Options

Selections

  • cummulative arrangements
  • modular parts
  • easy agreements
  • exchanges
  • package deals
  • priorities

Integration

 

HYPOTHESIS GENERATION AND TESTING

Agreement by Successive Approximation

  • Strategic Summarization
  • Hypothesis Development
  • Hypothesis Testing
  • Adjust Hypothesis
  • Test Adjusted Hypothesis
  • Confirm Agreement
  • Integration

 

DOUBT AND DISSONANCE

Creating a Healthy Tension of the Mind

  • Why create dissonance?
  • Options?
  • Base on rapport
  • Assumes people will make the best choice they perceive available
  • Individual or mutual?

Examples of mutual:

  • two sets of arrangements
  • exchange environment
  • hypothetical questions
  • fact-finding
  • if you were in our shoes . . .
  • the "parade of horribles"
  • the "eight questions"

 

EMOTIONAL/RELATIONAL MANAGEMENT OPTIONS

  • teflon
  • relevancy check
  • ground rules
  • summarization
  • normalization
  • mutualization
  • acknowledgment
  • referral

next

Online Training Manual

Mediation Strategy
Interests & Options
Hypothesis Testing
Doubt & Dissonance
Emotional/Relational





This site managed with Dynamic Website Technology from Mediate.com
Products and Services