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Divorce mediation: A brief outcome-based model which emphasizes the needs of minor children

Posted on:1992-12-04Degree:Ph.DType:Dissertation
University:The Union InstituteCandidate:Florsheim, Neena BethFull Text:PDF
GTID:1476390014499896Subject:Law
Abstract/Summary:
Mediation is a problem-solving process designed to assist men and women in reaching a mutual agreement on contested issues which must be resolved in the dissolution of relationships between parents of minor children, namely parenting, support, custody, visitation, and the division of property. Mediation is appropriate for couples who have made the decision to divorce, those who are unsure as to whether or not to end their relationship, or persons involved in a post-decree dispute. It has been shown that subjecting minor children to the stress of prolonged parental conflict over issues of custody and visitation adversely affects those children. For this reason, development of a mediation model which minimizes the duration of such conflicts would be of substantial benefit to the children of divorce.; While a number of mediation models existed, all used a multiple-session format, and none were designed to specifically protect the interests of minor children. The Achievement Associates nine-step mediation model was therefore developed to accomplish the goals of mediation in a single extended session, while also specificially addressing protection of the interests of minor children.; Twenty representative case studies were used to demonstrate usefulness of the model. Cases were presented in a modified process-recording format following the model's nine steps. Ten "resolved" and ten "unresolved" cases were used to demonstrate efficacy of the model.; Major findings confirmed the utility of the model. Mediation was shown to be successful in a single-session format of one to four hours except in rare instances where the children needed to be included in an additional session to ensure that their needs were met. Successful mediation can occur in one session. To protect the interests of minor children, the parents must be encouraged to put aside their personal agendas and deal with the issues at hand, namely what is in the best interests of their minor children. In addition, the financial benefits of cooperation must be stressed. A number of lesser findings as well as implications of the research are also discussed.
Keywords/Search Tags:Mediation, Minor children, Model, Divorce
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