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Featured Articles
What Parents Can Do to Help Children with DivorceKathleen O'Connell Corcoran
Mediative Solutions For Parents And Children At Impasse
Matt Kramer
Can You Have a Mediated Divorce If You Are Angry At Your Spouse?
Rachel Fishman Green, Esq.
Parenting After Marriages End
John W. Reiman
How Mediation Can Help Same Gender Relationships
Barry Simon
Yes, Everything and the Kitchen Sink! - Six Rules for Establishing a Successful Postnuptial Agreement
Rikk Larsen and Blair Trippe
The purpose of a postnuptial agreement is first – to identify those things that are making the relationship difficult and, second – to be sure both parties understand what they are, why they are problematic, and what specifically can be done about each discrete issue. The beauty of this kind of mediated agreement is that it allows you to include those things that have become important to you now that the honeymoon is long over. Mediation provides a safe forum to explore imaginative ways to deal with the issues with a view to developing alternative ways to approach them.
The Family Law Education Reform Report Completed
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
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
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
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.
Mediation: Reaching Its Potential In Family Law Cases
Judge Nimfa Cuesta Vilches
Family law case mediation is a form of alternative dispute resolution in a private forum before a case is filed in court or a court-annexed one that is discussed in this article whereby an impartial person, a professional, or a judge in a two-court system helps parties define issues and have a plan to deal with them. A family case mediator sits down with people to discuss options and develop proposals to resolve a dispute. The mediator does not take sides. Every party attends the process and they make all the decisions. Mediation sessions are confidential.
Mandatory Mediation: Implications and Challenges
Jeff D. Rifleman
Divorce Mediation. Mandatory Mediation. Good Faith Medation. Alternative Dispute Resolution. Arbitration. These are all terms and programs that contemporary judicial systems are using in attempts to reduce overfilled court dockets, costly trials and the time it takes for parties to resolve their differences. Are these programs just another way to resolve conflicts, or are they restricting access and rights to traditional court lititgation?
Draft Model Standards of Practice for Child Custody Evaluation
December 2005The AFCC Task Force on Child Custody Evaluation Model Standards posted the Draft Model Standards of Practice for Child Custody Evaluation for comment on the AFCC Web site during the summer and fall of 2005. More than 300 comments were submitted and, as a result, the Task Force has made numerous changes to the Draft Model Standards.
The current Draft Model Standards are now posted at http://www.afccnet.org/about/child_cust_tf.asp.
The Task Force will be accepting additional comments through January 8, 2006. We encourage those who are interested to send comments. Information on how to submit comments is available on the Draft Model Standards.
How Children Contribute To Custody Disputes (Part I)
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)
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.