Mediating Divorce Agreement

James Melamed, Esq.

Manual > 3 - Negotiation > Overall Facilitative Structure

Overall Facilitative Structure

As an overall chronologic model for mediation facilitation that is suggested by considering "what works" in conflict resolution and negotiation theory, please consider the following:

Informed Consent as to Process
(the process is always negotiable and must be agreed to)

Sharing Perspectives
(separating relational issues from substantive issues; discuss both, just separately)

Remember the Common Ground
(common interests, interdependence and initial points of agreement)

Establish a Problem-Solving Agenda
(questions seeking solutions)

Identify Desired Information and Documentation

Clarify Desired Outcomes, Interests and Positive Intentions

Develop Options
(based upon outcomes, interests and positive intentions; separate from evaluation process)

Select from Options
(Evaluate based upon participant desires, criteria, standards, principle, rationale or rationalization -- and considering personal, procedural and substantive BATNAs)

Integration and Finalization
(Any possible improvement; drafting, review, revision, implementation)

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