Mediating Divorce The Children's Book

Expand your practice into a new fee–for–service market that desperately needs your skills!

Help divorcing couples create a workable plan instead of a battle.

Mediating Divorce is a complete how–to guide for becoming a skilled divorce mediator.

⋅ Identify potential roadblocks that can stall the mediation process
⋅ Resolve emotional, financial, and legal issues through valuable suggestions and examples
⋅ Learn the basics of conflict resolution in non–legalistic terms
⋅ Save 75% over the cost of the Institute’s 40–hour Divorce Mediation Training Seminar
⋅ And much more

"Mediating Divorce is the most readable text on mediation thus far. The book really is a philosophical guide to divorce mediation and clearly spells out the elements and processes of divorce mediation. The book should have been written years ago and is destined to be a classic."-Tan Ngoh Tiong, executive member, International Federation of Social Workers

Tap into the combined experience and insight of two of the country’s most respected divorce mediators and transform your practice

Just look at what’s inside Mediating Divorce:
Mediator’s Manual: a step–by–step program encompassing the legal and psychological aspects of divorce mediation
Client’s Workbook: contains helpful assessment tools and checklists, these ‘take–home assignments’ are an integral part to the mediation process
Children’s Book: help your clients organize custodial responsibilities with this valuable guide
Audio Cassette: co–author Stephen Erickson guides you-step by step-through your first mediation session

Traditional adversarial divorce litigation is costly and punitive. In California alone nearly 60 percent of divorcing couples are turning to mediation to resolve the financial and parental aspects of their separation. Mediating Divorce is the comprehensive training program for counselors, therapists, and family law attorneys who want to augment their unique skills and develop the necessary thought processes and skills to become competent and successful divorce mediators.

In this comprehensive training package, Marilyn S. McKnight and Stephen K. Erickson-two of the country’s most renowned divorce mediation training specialists and cofounders of the Erickson Mediation Institute-break down their innovative process-session by session-and demonstrate how you can master the fundamentals of divorce mediation.

The four components of Mediating Divorce encompass a dynamic problem solving approach, addressing the financial, legal, and psychological aspects of this sometimes traumatic process. Working through the Manual for Mediators step by step teaches the basics of conflict resolution and shows how to manage the key legal issues associated with divorce. The manual also contains useful recommendations for helping clients with financial problem solving and shows how to identify potential psychological roadblocks that can stall the mediation process. In addition, it is filled with helpful checklists and sample agreements designed to help simplify the legal aspects of the divorce process.

Included with the training manual are two workbooks created specifically for the divorcing couple and their children. The Client’s Workbook contains a wealth of self–assessment tools, self–help exercises, helpful checklists, and essential legal and financial forms. The Children’s Book includes vital questions for parents to answer and forms to help organize the critical custodial responsibilities. Greatly adding to the effectiveness and efficiency of mediation, these workbooks are an essential and integral part of the divorce mediation process and will prove an invaluable resource for helping mediators and their clients resolve issues and disagreements that are unique to a couple’s divorce. Also included is the Mediating Divorce Audio Cassette featuring Stephen Erickson as he explains how to conduct an initial consultation with a couple who is considering mediation, but fearful that they will not be able to avoid a custody battle.

Mediating Divorce is the essential manual for therapists, counselors, and family law attorneys who want to enter into this new, challenging, and growing field without having to reinvent the wheel.

Here’s what legal experts are saying about Mediating Divorce

"The Mediating Divorce manual is beautifully designed, carefully written, and superbly organized. It combines mediation theory and practice with dozens of helpful illustrations, suggestions, and comments and reflects the depth and experience of its authors in mediation training. It can be used effectively by either a novice or experienced mediator. I strongly recommend it!"-Robert E. Oliphant, professor of family law, William Mitchell College of Law

"Any person considering the divorce mediation field should read this book by Steve Erickson and Marilyn McKnight. It has to be one of the most comprehensive books on this vital subject. It is must reading by those of us doing divorce mediation."- A.M. "Sandy" Keith, former chief justice, Minnesota Supreme Court

Do you wish you had the time and money to attend the Erickson Institute’s Divorce Mediation Training Seminar? Now you can-at your own pace-with Mediating Divorce! Gain new skills, expand your practice, and save over 75% with this definitive guide

Contents

Mediator’s Manual

Part I: Elements of Divorce Mediation
2. What is Client–Centered Mediation?
Adversarial Approaches
Client–centered Mediation.

3. Your Role as a Mediator
Managing the Mediation Process
Promoting Constructive Conflict Management
Maintaining Neutrality
Demonstrating Unconditional Positive Regard

4. Emotions Involved in Divorce
Work Through the Emotions Associated with Divorce

Part II: The Mediation Process
5. Initial Consultation
Screening for Abuse
Forming a Relationship
Setting Expectations
Contracting

6. Step 1: Establishing a Parenting Plan
Child Development
Effects of Divorce on Children
Creation of the Parenting Plan

7. Step 2: Planning Financial Futures
Resolve Financial Issues
Spousal Support
Child Support

8. Step 3: Dividing Property
Identify Property and Value
Assess Property Division

9. Step 4: Addressing Tax and Legal Issues and Reviewing Agreements
Discuss Tax Implications of Decisions
Plan Legal Details
Draft Preliminary Memorandum of Agreement

10. Step 5: Finalizing the Memorandum of Agreement
Identify Issues
Define Standards of Fairness
Generate Options for Conflict Resolution

11. Mediator Strategies
Basic Mediation Strategies
Handling Special Situations
Avoiding an Impasse

Part III: Appendixes
12. A. Mediation Questionnaire
13. B. Household Furnishings and Personal Property Form
14. C. Research and Recommended Readings

Client’s Workbook
1. Emotions Involved in Divorce
Psychology of the Marriage Breakdown
The Relationship Circle
3. What is Client–Centered Mediation
Approaches to Divorce
Client Centered Mediation
Filing for Divorce
Procedures and Time Required
Representation
Temporary Hearing
Discovery
Cost
Standards of Fairness
Compliance
Approaching Conflict Constructively

4. Your Initial Consultation with the Mediator
What the Mediator Does
What to Look for in a Mediator
Rules of Mediation and the Contract to Mediate
Mediation Fees
Conclusion of the Initial Consultation

5. Step 1: Establishing a Parenting Plan
Child Development and the Effects of Divorce
The "Custody" Battle is Always About Something Else
The Process of Establishing a Parenting Plan
Addressing Child–related Issues
Communication Between You and Your Spouse as Parent
Planning for Contingencies
Eliciting the Children’s Feedback
Choosing Custody Labels

6. Step 2: Planning Financial Futures
Budgeting Expenses
Determining Child Support
Addressing the Issue of Spousal Support

7. Step 3: Dividing Property
Listing Property and its Value
Business Interests
Retirement Plans
Tax Refunds
Household Furnishings and Personal Property
Debts and Liabilities
Identifying Nonmarital Property

8. Step 4: Addressing Tax and Legal Issues and Reviewing Agreements
Addressing Tax Issues
Selling the Family House
Addressing Legal Issues
Reviewing Agreements

9. Finalizing the Memorandum of Agreement
Finalizing the Settlement
Appendix A: Mediation Questionnaire
Appendix B: Household Furnishings and Personal Pr