Divorce & Family Mediation Section


Family & Divorce Mediation Articles


Colin Rule

Mediate.com Online Mediation Practice and Ethical Standards Adopted

(9/17/21)Colin Rule, Jim Melamed

One of the Primary Recommendations of the Mediate.com Task Force on Online Mediation is to update mediation practice and ethical standards to fully embrace online mediation. In response, the Mediate.com Board of Directors has now formally adopted the Task Force's Recommended Practice Standards for Online Mediation.

Mary Salisbury

Preparing and Paying for QDROs in Divorce

(9/17/21)Mary Salisbury

The responsibilities of a plan administrator include reviewing QDROs or DROs and then distributing the funds to the non-plan participant spouse once they have approved the order--which become difficult in a separation.

Kathleen Kauth

Helicopter Conflict

(9/13/21)Kathleen Kauth

What do helicopter parents do best? They hover.

Joy Rosenthal

Who Wears the Pants in Your Family?

(9/07/21)Joy Rosenthal

So much has changed! When I was growing up, the expectation for middle-class marriages (which were always between women and men) was that it was the man’s job to earn enough money to support the family, and it was the woman’s job was to have children and to contribute to the economy by spending money.

Joy Rosenthal

Why I Don’t Caucus

(8/30/21)Joy Rosenthal

One of the things to think about when you are looking for a divorce mediator is whether they will meet with both of you together or will meet with you each separately.

Judith Cohen

ADA Mediation Refresher

(8/19/21)Judith Cohen

I think it might be time for a refresher on ADA Mediation, * a topic I have written and trained on frequently – but not for a while now.

Forrest (Woody) Mosten

Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources

(8/16/21)Forrest (Woody) Mosten, Jim Melamed

Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.

Joan Kessler

The Significance of Nonverbal Communication in Mediation and Arbitration

(8/13/21)Joan Kessler

Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions.

Jane McWilliams

3 Ways Parents Can Help Their Kids Adjust

(8/13/21)Jane McWilliams

As parents, we try to protect our kids from undue stress. But the reality is that life is inherently stressful. While we may not be able to protect our kids from all stress we can help them learn to cope and adjust.

Brian Galbraith

Beyond Mediation: The Collaborative Practice Experience

(8/11/21)Brian Galbraith

Collaborative Practice is a process to resolve family law conflict without the use of the court. Each person has their own attorney, but should the matter go to court, the attorneys are prohibited from participating in the court process. This changes everything. Instead of gearing up for litigation the attorneys becoming settlement specialists. Everyone has a vested interest in assisting the clients reach an agreement.

Melissa Kucinski

Multi-Jurisdictional Issues in Online Mediation

(8/11/21)Melissa Kucinski

With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element (at times, unintentionally). This paper will define what issues may arise in a multi-jurisdictional mediation process, and focus on the necessary training elements to handle these multi-jurisdictional implications.

Laurie Israel

Learning from Every Mediation

(8/10/21)Laurie Israel

I have been mediating for over twenty-five years. During this time, I have had many different experiences with clients, including the good and the bad.

Joy Rosenthal

The Five Divorces

(8/09/21)Joy Rosenthal

Lonnie and Chris got married right out of college.¹ They had a lot of ups and downs, and over time, they grew apart. After 20 years, they decided to divorce.

Jeremy Pollack

Bring More Peace Into Your Life with Jeremy Pollack – Tip 22: Manage Your Emotions

(8/09/21)Jeremy Pollack

This is an extremely important topic to consider when thinking about how to effectively engage in conflict resolution, especially when dealing with escalated situations. When considering how to engage in emotional self-regulation, it is crucial to first recognize our triggers. Asking ourselves, “What kinds of situations tend to trigger me?” is one way of doing this.

Susan Guthrie

Online Mediation Training Task Force Family / Elder Committee Report

(8/02/21)Susan Guthrie

The Family and Elder Committee was initially tasked with Considering the Following Questions: 1) How can family and elder mediation training be improved to embrace online mediation; and 2) How can family and elder mediation training best be offered online, for basic training, advanced training, and ongoing continuing education?

Natalie Maximets

The Long Term Psychological Effects of Divorce on Children

(7/30/21)Natalie Maximets

Growing up is complicated enough on its own. Having parents' divorce can make it even harder. To avoid the psychological effects of divorce on children, parents should go through the process gracefully.

Roseann Vanella

Now More than Ever, Creativity is Needed in Divorces

(7/18/21)Roseann Vanella

We live in an uncertain world where things can change radically at the drop of a hat. We experienced this last year in a huge way with the Covid-19 outbreak.

Ben Coltrin

3 Strategies for Effective Co-Parenting

(7/12/21)Ben Coltrin

Above all, remember that co-parenting is about your kids.

Charlie Young

Confirmation Bias: Something Mediators Need to Appreciate

(7/08/21)Charlie Young

As far as I can tell, much of the research on how neural functions affect mediation has been done in the last 20 years.

Kenneth Cloke

Insurrection, Demagoguery, and the Mediation of Political Conflicts

(7/06/21)Kenneth Cloke

Following the “insurrection,” “putsch,” or “attempted coup” in Washington D.C., on January 6, 2021, and the subsequent acquittal of President Trump on impeachment charges, we find ourselves facing extremely significant and difficult, yet very different political conflicts and challenges from those we faced before.

Jennifer Shack

For Family Cases Involving Reports of Intimate Partner Violence, Shuttle and Videoconference Mediation Are Safe, Effective and Preferred by Parents

(7/06/21)Jennifer Shack

In a randomized controlled trial of family cases involving parents reporting high levels of intimate partner violence (IPV), parents felt safer in and were more satisfied with shuttle and videoconference mediation than litigation.

Charles Crumpton

An Affirmative Higher Social Responsibility Duty to Serve Systemic Social Change through System Design

(7/06/21)Charles Crumpton

This article reflects on a panel discussion that took place on April 14, 2021, as part of the ABA Dispute Resolution Section Virtual Spring Conference, titled "Dispute Resolution Pandemic Pivot: Systems Design for Socioeconomic Inequality issues.”

Lydia Ray

Battling Burnout: Mental Health and Self-Care in Mediation

(6/27/21)Lydia Ray, Jonathan Rodrigues

Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension may call on a mediator – and after all this giving, who does the Mediator call on in times of need?

Deborah Heller

Co-Mediation in A Volunteer Co-Mediation Process. Some Simple Ideas

(6/27/21)Deborah Heller

The article suggests that there is little formal training for mediators, especially volunteer mediators who may co mediate with many different partners to work effectively together, and makes some simple and concrete suggestions for ways to remedy this.

Eric R. Galton

The Remarkable (And Often Very Surprising) Benefits of Virtual Mediation

(6/25/21)Eric R. Galton

A funny thing happened on April 1, 2020. After over 30 years and 7,500 cases as an in person, high-touch mediator, I grudgingly became, out of necessity born by COVID-19, a virtual, online mediator.

Ross Feinberg

Settlement Verification in the Virtual World

(6/25/21)Ross Feinberg

My goal has always been to provide each and every mediation participant with the most satisfying experience possible.

Jen Schimbeno

Co-Parenting Online Course – How to Not Put Your Kids in the Middle of Your Divorce

(6/18/21)Jen Schimbeno, Brandyn Roark Caires

The ACE’s (Adverse Childhood Experiences) ACE’s study, is one of the largest studies about traumatic events in the lives of children ages 0-17. This study identifies three types of risk factors for trauma in children: abuse, neglect and household dysfunction.

Kenneth Cloke

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

(6/16/21)Kenneth Cloke

As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.

Heather Kennedy

5 Ways Conflict Resolution Practitioners Can Prevent and Resolve Special Education Conflict During the Pandemic

(6/16/21)Heather Kennedy

The current pandemic has created a crucial need for those experienced in conflict resolution practices to prevent and resolve conflict in the education of students with disabilities. Public agencies, schools, and families should utilize those trained in conflict resolution, including mediators, negotiators, and advocates, to combat this crisis and lessen adverse outcomes for those involved.

John Lande

Proposal for Standard Explanation in Mediation

(6/11/21)John Lande

Since writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion.

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