Family & Divorce Mediation Articles
(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.
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.
What do helicopter parents do best? They hover.
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.
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.
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.
(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.
Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions.
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.
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.
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.
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.
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.
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.
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?
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.
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.
Above all, remember that co-parenting is about your kids.
As far as I can tell, much of the research on how neural functions affect mediation has been done in the last 20 years.
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.
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.
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.”
(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?
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.
(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.
My goal has always been to provide each and every mediation participant with the most satisfying experience possible.
(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.
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.
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.
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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.