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Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.
Although divorce is essentially a matter of personal choice, its emotional aspects are necessarily entwined with legal dynamics, making decisions about divorce a matter of both the heart and the law. Consequently, feelings become facts that must be accommodated in the divorce process in order to reach a viable lasting result. Divorce mediation, an alternative to traditional judicial intervention and third-party decision making, facilitates private negotiation and takes into account emotional as well as legal dimensions of marital dissolution. This process empowers divorcing couples to be actively involved in making the choices that will affect their lives for years to come. The divorce mediator acts as a neutral party who promotes decision making with the family and helps divorcing couples to develop their own parental, financial, and property arrangements. Because divorce mediation views divorce as a multidimensional process that involves both legal and psychological matters, it has attracted professionals from both fields who wish to facilitate a less adversarial approach to the dissolution of a marriage. DIVORCE MEDIATION: THEORY AND PRACTICE fills the currently unmet need for a comprehensive treatment of this burgeoning field. Editors Folberg and Milne, both nationally recognized authorities, have compiled an interdisciplinary state-of-the-art work on divorce resolution. Leading practitioners have contributed chapters which define the theory of divorce mediation, and outline techniques and strategies, as well as ethical considerations and constraints, standards of practice, and policy issues. Current results and forthcoming research findings on such important and controversial matters such as mediation's role in domestic violence disputes are also included. The volume opens with a lucid discussion of theory and practice, the nature of divorce disputes, and methods for achieving settlements. It goes on to offer a detailed overview of the psychological and legal dimensions to be considered. Next, organizational settings in which divorce mediation occurs, namely courts-of-law, private practice, agencies, and organizations are discussed. The implications of divorce mediation for such complex areas of dispute as child custody and financial agreements are vividly conveyed. The process of engaging couples in constructive communication and reducing irrationality is fully explored in the chapters on power balancing, communication strategies, and techniques to break impasses. Legal and ethical issues discussed include liability of divorce mediators, confidentiality and privilege, and standards of practice. The book closes with comprehensive coverage of research results, a longitudinal comparison of mediated versus adversarial divorce, and an in-depth descriptive analysis of common divorce mediation behaviors. This groundbreaking volume brings together a wide range of noted practitioners and researchers in this dynamic discipline to produce the singular interdisciplinary, comprehensive work on this subject to date. DIVORCE MEDIATION: THEORY AND PRACTICE will be an indispensable tool for mediators, therapists, social workers, lawyers, educators and other dispute resolution professionals. It will be of interest to anyone concerned with empowering couples to determine their own mutual and individual responsibilities, and rendering the process of marriage dissolution more cooperative and humane.
Long recognized as the authoritative guide for clinicians working with divorcing families, this book presents crucial concepts, strategies, and intervention techniques. Robert E. Emery describes how to help parents navigate the emotional and legal hurdles of this painful family transition while protecting their children's well-being. The book is grounded in cutting-edge research on family relationships, parenting, and children's adjustment, including Emery's groundbreaking longitudinal study of the impact of divorce mediation versus litigation. It provides a detailed treatment manual for mediating custody and other disputes, developing collaborative parenting plans, and fostering positive postdivorce family relationships. New to This Edition *Reflects the latest psychological research, as well as divorce and custody law. *Chapters on understanding and addressing divorcing partners' anger and grief. *Treatment manual chapters have been extensively revised. *Incorporates the author's 12-year follow-up study.
"Divorce mediation offers mental health professionals and lawyers an effective way to help couples dissolve their marriages, minimizing the frustration and animosity commonly associated with the adversarial process. The rapid growth of divorce mediation centers is evidence of the need for specially trained professionals who can continue working with clients once the decision to divorce is made. This handbook will enable clinical psychologists, counselors, clergy, and social workers to expand their practice into this important field. Lawyers also will find the book useful in relating to divorce clients and to mediators. The author presents a model for helping couples negotiate mutually beneficial separation agreements while coping emotionally with divorce. He demonstrates how a mediator helps resolve key issues concerning the division of personal and real property, support, children, and plans for the future. He gives step-by-step guidelines for moving through the mediation process and illustrates this with nine case studies. Also included are a discussion of the special problems of children of divorcing couples, and appendixes containing a manual for clients and sample separation agreements." -- Jacket.
This highly anticipated second edition of Splitting includes new chapters on abuse, alienation, and false allegations; as well as information about the four types of domestic violence, protective orders, and child custody disputes. Are you divorcing someone who’s making the process as difficult as possible? Are they sending you nasty emails, falsifying the truth, putting your children in the middle, abusing you, or abusing the system? Are they “persuasive blamers,” manipulating and fooling court personnel to get them on their side? If so, you need this book. For more than ten years, Splitting has served as the ultimate guide for people divorcing a high conflict person, one who often has borderline or narcissistic (or even antisocial) personality disorder. Among other things, it has saved readers thousands of dollars, helped them keep custody of their children, and effectively guided them through a difficult legal and emotional process. Written by a family law attorney and therapist, and the author of Stop Walking on Eggshells, Splitting is an essential legal and psychological guide for anyone divorcing a persuasive blamer: someone who suffers from borderline personality disorder (BPD), narcissistic personality disorder (NPD), and/or antisocial personality disorder (ASPD). This second edition includes new information about antisocial personalities; expanded information about domestic violence, child abuse, alienation, and false allegations; how to approach protective orders and deal with child custody disputes; and a new chapter on how to successfully present your case to decision makers. Turn to this guide to help you: Predict what your spouse may do or say in court Take control of your case with assertiveness and strategic thinking Choose a lawyer who understands your case Learn how e-mails and social networking can be used against you If you need help navigating a high-conflict divorce from a manipulative spouse, this book includes all of the critical information you need to work through the process of divorce in an emotionally balanced, productive way.
IF YOU'RE GOING THROUGH A DIVORCE, YOU NEED A FRIEND AND A GUIDE Divorce can be intimidating, but you don't have to go through it alone. Miles Mason, Sr. set out to create the ultimate handbook to help a spouse through the divorce process. To that end, this book addresses a variety of topics that the compassionate professionals of the Miles Mason Family Law Group know best, including advice needed to get the learning process started, hiring your divorce team, custody and parenting plans, and how courts view dating during separation. The book is easy to read, and will be a valuable tool as you find your way through the divorce process. Miles Mason, Sr. JD, CPA is a divorce lawyer in Memphis, Tennessee. Mason is recognized as a Tennessee "Super Lawyer" and was awarded a "Superb" (10/10) rating on Avvo. Frequently interviewed by television news and national media for commentary, Inside Memphis Business named Mason a "Family Law Power Player," and the Memphis Bar Foundation honored him as a fellow. He has also been inducted into the Christian Brothers High School Hall of Fame for his community service. You can find additional information, as well as updates to this book, at MemphisDivorce.com and its Tennessee Family Law Blog. You don't have to go it alone.
Guess which couple got more of what they wanted: Charles and Charlotte, who worked out a negotiated settlement together? Or John and Joyce, who let the court settle their differences? Couples who want to negotiate their own divorce settlements now have a comprehensive self-help guide, complete with ground rules, agendas for discussion, sample forms, and options for divorce mediation without "bloodshed." Not quite a "do-it-yourself" manual - you'll still need an attorney - but packed with real-couple examples of successful agreements on Co-Parenting, Custody, Financial Support, College Planning, Property, Insurance, Taxes.... An organized, thorough guide to the important issues for every separating couple, and an effective aid for those who seek professional mediation. "Your chances of getting the outcome you want are best when you take control of the decision-making process," says Martin Kranitz, Director of the National Center for Mediation Education in Annapolis, Maryland. "Couples can work out their own decisions, if they know what to talk about."
Mediation, as a procedure to assist couples in dealing with the problems incident to their separation and divorce, is still relatively new in the United States. For the would-be practitioner, that poses certain problems. Divorce mediation cannot provide a long history of generally accepted procedures. Nor is there even a body of information to which would-be practitioners can turn for instruction or guidance. And, of course, there are no established schools that can train or prepare a practitioner to do this work. To make matters worse, the situation is likely to remain in this state for some time to come. Given this fact, it was felt that it would be useful for practitioners (even for those already engaged in divorce mediation) to have a handbook which would trace a typical mediation from its inception to its conclusion and which would provide them with the substantive informa tion they need to know in order to do divorce mediation. It is hoped that this handbook will fill this need. Having said that, however, it must be acknowledged that the purpose of this book is very much beyond that. Until now, divorce mediation in the United States has been shaped principally by such books as O. J. Coogler's Structured Mediation in Divorce Settlements: A Handbook for Marital Mediators, 1 and John Haynes' Divorce Mediation: 2 A Practical Guide for Therapists and Counselors.
“Potent, accessible tools for your family and your future.” —Gwyneth Paltrow Marital strife and divorce can be your chance to profoundly transform yourself, your mindset and your relationship with a more harmonious and steady vision. While many of us may be better together, some of us can actually become better apart. What if you emerged from your divorce stronger and more resilient than ever before? Better Apart is the first book to apply the life-changing, healing wisdom of meditation and yoga, combined with practical advice, to help anyone going through the painful and seemingly intractable realities of divorce. Gabrielle Hartley and Elena Brower are warm and caring guides who can help you compassionately part from your partner. Whether your separation is amicable, or your ex is combative, Better Apart can help you find peace, calm, and hope. Blending practical advice from a legal perspective together with spiritual wisdom, Gabrielle and Elena are experts and realists who have created a simple five-step process that uses original meditations, perspective-shifting exercises, and fresh suggestions to help navigate the common legal and emotional pitfalls of divorce. Don’t worry if you’ve never tried yoga or mediation; Gabrielle’s insight buttressed by Elena’s practices and exercises are accessible for all. Together, they show you how to meaningfully shift your mindset and to move forward though any—or all—parts of this emotionally fraught process. Better Apart radically reframes the way couples experience, execute, and recover from when “for better or worse” is no longer an option, and helps you find the road to a new mindset and better life.