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Divorce Related Articles
The Family Law Education Reform Report Completed
by Andrew Schepard - February 13, 2006
Does the law school’s family law curriculum adequately prepare future family lawyers for the challenges of practice? The Report’s answer is “not well,” a conclusion that requires reconsideration of the nature and purposes of legal education in an area central to the welfare of thousands of children and parents.
Imagine... A Collaborative Approach To Divorce
by Gary Direnfeld
There is a movement in family law whereby divorcing couples can sign agreements with lawyers to not go to court. More specifically, the process is known as Collaborative Family Law (CFL) and the agreement to not go to court is binding upon the lawyers, not the couple. If one or both clients are unsatisfied, either may still march the dispute to court. They will however have to find new lawyers.
Metaphors for Divorce Mediations and Negotiations
by Sharon Lowenstein
Language conveys attitudes, mind-sets and perspectives. The choice of words influences behavior and is influenced by behavior. Whereas litigation subjects parties to a a roll of the dice, collaborative law and mediation put clients in the driver's seat.The skillful use of metaphors can subtly and efficiently redefine conflict as challenge and facilitate fruitful problem solving. This article suggests how to mix and match metaphors which are particularly useful for cutting to the chase and putting clients on the same page
Mediating Divorce Agreements
by Matthew McCusker
When looking at the multitude of contexts where mediation is now being utilized, divorce mediation stands out as one of the fastest growing fields. The courts have decided to place an emphasis on providing couples with the opportunity to fashion their own agreement, rather than asking judges to deduce acceptable terms.
How Children Contribute To Custody Disputes (Part I)
by Donald T. Saposnek, Ph.D.
Children's limited comprehension of the meaning and implications for them of their parents' breakup creates terrible confusion and emotional upset and generates characteristic attempts to cope with the disruption. However, the limited means they have for expressing their needs makes it difficult for their parents to accurately recognize and address those needs.
How Children Contribute To Custody Disputes (Part II)
by Donald T. Saposnek, Ph.D.
Children's limited comprehension of the meaning and implications for them of their parents' breakup creates terrible confusion and emotional upset and generates characteristic attempts to cope with the disruption. However, the limited means they have for expressing their needs makes it difficult for their parents to accurately recognize and address those needs.
Who Started It Doesn’t Necessarily Matter!
by Gary Direnfeld
Sitting between parents in a high conflict situation with regard to custody and access issues is like watching the scarecrow in the Wizard of OZ. However, with separated parents they are both pointing at each other, each blaming the other for initiating and maintaining their conflict. In many instances, both have contributed to their mutual conflict and hence both feel justified at incriminating the other. Regardless of who started it, in many instances it is clear, they both maintain it. As a concept this is known as circular causality.
How Transformative Mediation Can Help Divorcing Couples
by Daniel Bjerknes
Family relationships are on-going, even though the marriage is over, so couples that are able to spend time in mediation preparing, discussing, and planning how life may be after the divorce will minimize the stress and conflict often associated with the separation process.
Conflict Resolution Tips for Divorcing Couples
by Oran E. Kaufman
Mediation provides clients with a safe venue to discuss their divorce. Mediation however will not automatically undo years of ingrained behavior. Mediators and therapists can offer clients tools which will help them mentally and emotionally for the divorce process. Below are a few suggestions. At the end of this article, I have included a Conflict Self-Assessment tool as well as an outline of this article which you can give to clients engaged in the divorce mediation process.
Family Law Education Reform Project Initial Draft of Findings and Recommendations
by Mary E. O’Connell and J. Herbie DiFonzo
This memorandum is intended as an initial draft of what we hope ultimately to shape into a final report of the The Family Law Education Reform Project. Interim drafts are designed to mark the on-going status of the project, and to furnish an opportunity for the many stakeholders and interested parties in this process to provide input.