The presenters will discuss the unique challenges presented by post-divorce disputes and offer suggestions for resolving these difficult conflicts. Having hoped or believed that the issues in their divorce were finally resolved, parties find that even years after the end to their marriage, conflicts arise. Unless clearly resolved, these post-divorce conflicts result in multiple filings, multiple mediations and multiple court appearances.
Ethical issues arise in mediation when we least expect it. Being ethically aware is critical for
the experienced mediator. Using both real cases and hypothetical (but realistic) scenarios, this
program will explore appropriate and inappropriate responses to each situation.
This workshop session will provide in depth overview of the Mediation Training Standards and Procedures including the responsibilities of providers of certified mediation training programs. Information on the variable routes to primary trainer and provider status will also be highlighted. This workshop is intended for those who are currently providing certified mediation training and those who wish to.
Participants will be invited to actively listen to statements which are being made that are contrary to the values of a mediator. Participants will be invited to explore how they respond in mediation to objectionable comments made to them when they are mediating. After understanding the importance of personal feelings in the mediation process, participants will be provided with methods for understanding party differences and be given an opportunity to engage parties with distinctly different styles in brief role-play vignettes.
This interactive workshop for Circuit Civil Mediators will cover: (1) how to lay the groundwork
early in your communication with participants to assist them in framing their preparation
for mediation with both strategy and persuasion in mind; (2) how to encourage initial and
subsequent negotiation signals, resolution ranges and making concessions; and (3) methods
designed to sustain negotiation momentum and some gap-closing techniques. Ethical pitfalls
and considerations will be woven through the presentation; party self-determination does not
need to be sacrificed to help people negotiate. Attendees are encouraged in the last segment
of the workshop to query the presenter and audience about negotiation stumbling blocks and
dilemmas they have encountered.
Collaborative divorce is a non-litigated, ADR method to help couples settle their divorce without the courts involvement. Collaborative law utilizes an interdisciplinary team of specially trained professionals made up of two Collaboratively trained attorneys, one neutral mental health professional and one neutral financial professional, who work together with the parties in a series of joint meetings. The parties voluntarily agree to abide by a non-litigated process: no depositions, hearings, subpoenas or opposing experts. Financial costs are frequently lower, the emphasis is on cooperation and privacy, and the parties work toward reaching an agreement that meets the needs and interests of their entire family. This allows the couple to learn better communication skills, to work together toward a win-win for each party, to focus on the welfare of their children as they parent together and to use interest based negotiation to resolve their disputes.