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| family law mediation training california: Divorce and Family Mediation Jay Folberg, Ann Milne, Peter Salem, 2004-05-12 Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition. |
| family law mediation training california: Collaborative Divorce Handbook Forrest S. Mosten, 2009-10-01 Forrest S. Mosten Collaborative Divorce Handbook Helping families without going to court Praise for Collaborative Divorce Handbook There are many roads to peace. Whether you engage in collaborative practice, which by definition includes the provision that professionals will not represent the parties in litigation, or some other process for respectful conflict resolution, you will find Collaborative Divorce Handbook to be an invaluable resource for deepening your understanding and enhancing your skills as a peacemaker. Talia L. Katz, JD, executive director, International Academy of Collaborative Professionals Collaborative lawyering is a promising new way of resolving disputes through joint problem solving rather than adversary litigation that has particular appeal for divorce cases. Whether you are a client who seeks to learn more about it or a lawyer using it who desires a wise guiding hand, this book is an invaluable resource. Frank E. A. Sander, Bussey Professor Emeritus, Harvard Law School Written by one of the innovative thinkers in the field, Collaborative Divorce Handbook is a treasure of information for all professionals interested in collaborative divorce. Easy to read, expansive, and chock-full of resources, it is bound to become a classic. Constance Ahrons, PhD, author, The Good Divorce and We're Still Family, and professor emerita, University of Southern California Family law is changing. As more people realize that the adversarial process is expensive, degrading, and stressful, they look for alternatives and find it in various forms of alternative dispute resolution. Woody Mosten is the nationally recognized leader of this movement, and his book on collaborative practice literally will be 'The Handbook' we will all follow. Garrett C. Dailey, Esq., CFLS, AAML, president, Attorney's BriefCase, Inc. |
| family law mediation training california: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| family law mediation training california: Mediation Dwight Golann, Jay Folberg, 2021-09-14 The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. Itincludes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice. |
| family law mediation training california: Dispute System Design Lisa Blomgren Amsler, Janet Martinez, Stephanie E. Smith, 2020-06-02 Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems. |
| family law mediation training california: The Complete Guide to Mediation Forrest S. Mosten, Elizabeth Potter Scully, 2015-05 |
| family law mediation training california: Mediation Career Guide Forrest S. Mosten, 2001-09-24 In this definitive guide, Forrest Mosten--an internationallyrecognized mediation expert--helps would-be mediators answer thecritical question Do I have the values, skills, personality, andcommitment necessary to mediate? A comprehensive resource, the book also explores a wealth of timelytopics including the need to establish standards of the profession,how to maintain confidentiality, the pros and cons of co-mediation,and the place of mediation in the process of court and law reform.Straightforward and reader-friendly, the Mediation Career Guide isfilled with practice tips, self-surveys, diagrams, readingresources, a list of training programs and volunteer opportunities,budget forms, and model standards of conduct. This hands-onresource is designed to make the challenging journey of becoming apeacemaker a one-step-at-a-time manageable process. |
| family law mediation training california: Putting Kids First in Divorce Jeremy Kossen, Mark Baer, Karen Bonnell, Amanda Singer, Jennifer Segura, Belinda Zylberman, Maida Farrar, Nicola Beer, Kristine Clay, Cherie Morris, Sara Freed, 2016-04-17 Going through a divorce is never easy. Tension can be high, and too often, the adversarial family court system only escalates the conflict. Sadly, children can become collateral damage. Fortunately - as in life - in divorce, you have choices. You don't need to go down the traditional path of hiring a divorce attorney and battling it out in court. Instead, you can choose cooperation over conflict, and put your children first! Putting Kids First in Divorce, brings together eleven leading divorce, co-parenting, and relationship professionals, who share their insights and perspectives on communication, conflict resolution, and supporting children through a transition. You'll learn about alternatives to litigation such as collaborative law, mediation and divorce coaching - which are far less adversarial and more economical than family court. In an easy-to-read interview-style format, Putting Kids First in Divorce, will enlighten, empower and inspire you. Filled with wisdom from leading experts, you'll learn everything from creating a cooperative child-centric separation to resolving conflict; approaching divorce with mindfulness to raising resilient children; communicating with your ex to co-parenting with compassion. Equipped with the knowledge you will acquire in this book, our hope is that you see divorce does not have to be a battlefield, but an opportunity for growth where you can create an environment to ensure your children thrive! As Karen Bonnell, a co-contributor to the book is fond of saying, When it comes to a child's sense of family, what divorce breaks apart, solid co-parenting rebuilds. Putting Kids First in Divorce is comprised of ten value-packed chapters featuring content and interviews with high-integrity divorce professionals, unified by a common theme: putting the needs of children first through cooperative processes. The topics covered include: � Choose Cooperation Over Combat by Jeremy S. Kossen & Mark B. Baer, Esq. � Stay Out of Court! Choose Mediation or Collaborative Divorce Over Litigation by Mark B. Baer & Jeremy S. Kossen � For Kids, What Divorce Breaks Apart, Strong Co-Parenting Rebuilds by Karen Bonnell, ARNP, MS � Using Mediation to Build a Happy Blended Family by Amanda D. Singer, Esq., MDR, CDFA(tm) & Jennifer M. Segura, JD, CDFA(tm) � Approaching Divorce With Mindfulness And Compassion by Belinda N. Zylberman � How to Establish Boundaries and Promote Healthy Communication by Maida V. Farrar, Esq., CDC � The Road to Resiliency: How to Raise Resilient Children Through a Family Transition by Kristine Clay, MA � How to Work on Your Marriage When It No Longer Works by Sara Freed � How to Help Your Teen Survive and Thrive After Divorce by Nicola Beer � Guilt-Free Parenting in Divorce by Cherie D. Morris |
| family law mediation training california: Biff Bill Eddy, 2011-05 This little book gives more than 20 examples of BIFF responses--brief, informative, friendly, and firm--for all areas of life, plus additional tips to help readers deal with high-conflict people anywhere. 158 pp. |
| family law mediation training california: Renegotiating Family Relationships Robert E. Emery, 2012-01-01 Long recognized as the authoritative guide for clinicians working with divorcing families, this book presents crucial concepts, strategies, and intervention techniques. Robert E. Emery describes how to help parents navigate the emotional and legal hurdles of this painful family transition while protecting their children's well-being. The book is grounded in cutting-edge research on family relationships, parenting, and children's adjustment, including Emery's groundbreaking longitudinal study of the impact of divorce mediation versus litigation. It provides a detailed treatment manual for mediating custody and other disputes, developing collaborative parenting plans, and fostering positive postdivorce family relationships. New to This Edition *Reflects the latest psychological research, as well as divorce and custody law. *Chapters on understanding and addressing divorcing partners' anger and grief. *Treatment manual chapters have been extensively revised. *Incorporates the author's 12-year follow-up study. |
| family law mediation training california: Mediating Dangerously Kenneth Cloke, 2002-02-28 Sometimes it's necessary to push beyond the usual limits of themediation process to achieve deeper and more lasting change.Mediating Dangerously shows how to reach beyond technical andtraditional intervention to the outer edges and dark places ofdispute resolution, where risk taking is essential and fundamentalchange is the desired result. It means opening wounds and lookingbeneath the surface, challenging comfortable assumptions, andexploring dangerous issues such as dishonesty, denial, apathy,domestic violence, grief, war, and slavery in order to reach adeeper level of transformational change. Mediating Dangerously shows conflict resolution professionals howto advance beyond the traditional steps, procedures, and techniquesof mediation to unveil its invisible heart and soul and to revealthe subtle and sensitive engine that drives the process of personaland organizational transformation. This book is a major newcontribution to the literature of conflict resolution that willinspire and educate professionals in the field for years to come. |
| family law mediation training california: Discussions in Dispute Resolution Art Hinshaw, Andrea Kupfer Schneider, Sarah Rudolph Cole, 2021 Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy. |
| family law mediation training california: New Ways for Families Parent Workbook Bill Eddy, 2009 Workbook used by family courts to teach parents the skills necessary to jointly make their parenting decisions out of court. |
| family law mediation training california: Mediation in Family Disputes Marian Roberts, 2008-08-01 This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations. |
| family law mediation training california: Litigation Interest and Risk Assessment Michaela Keet, Heather Heavin, John Lande, 2020 The main premise of this book is that lawyers and mediators should help parties make decisions in litigation by combining an assessment of likely court outcomes with a careful consideration of how their interests are likely to be affected if they (continue to) engage in litigation-- |
| family law mediation training california: Marital Agreements Linda J. Ravdin, Tax Management Inc, ... describes and analyzes three types of agreements: premarital agreements, postmarital agreements, and domestic partnership agreements. A premarital agreement is a contract between prospective spouses, including same-sex couples, made in contemplation of marriage. A postmarital agreement is a contract executed by parties to an ongoing marriage and not incident to a divorce or marital separation. A domestic partnership agreement, sometimes known as a cohabitation agreement, is a contract executed by a couple whose domestic arrangements may not be state-sanctioned. However, the term also includes such an agreement executed incident to a civil union or registered domestic partnership. Generally, all of these agreements are used to define the property and support rights of the parties upon termination of the marriage or other relationship by death or dissolution. Some parties also opt to include financial obligations during the marriage or other relationship. This Portfolio does not cover separation agreements that settle property rights, spousal and child support obligations, and child custody matters incident to a separation or divorce--Portfolio description. |
| family law mediation training california: Evidence-Informed Interventions for Court-Involved Families Lyn R. Greenberg, Barbara J. Fidler, Michael A. Saini, 2019-03-19 Evidence-Informed Interventions for Court-Involved Families provides a critical, research-informed analysis of the core factors to consider when developing child-centered approaches to therapy and other family interventions, both in formal treatment settings and in promoting healthy engagement with the other systems and activities critical to children's daily lives. Addressing common problems, obstacles, and the backdrop of support needed from other professionals or the court, an international team of experts provide chapters covering a variety of service models and drawing on a wealth of relevant research on the legal context, central issues for treatment and other services, and specialized issues such as trauma, family violence, parent-child contact problems, and children with special needs. Offering extensive practical guidance for applying research, understanding its limitations, and matching service plans to families' needs, this book will be an essential resource for all mental health professionals evaluating or providing services to these families, and to the lawyers and judges seeking a better understanding of what works. |
| family law mediation training california: The New Lawyer Julie Macfarlane, 2008-05-20 Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself. |
| family law mediation training california: The Generous Prenup Laurie Israel, 2018-04-02 |
| family law mediation training california: Challenging Conflict Gary J. Friedman, Jack Himmelstein, 2008 This revolutionary book shows how mediators and lawyers can help parties to escape the way conflict has them trapped and to work together toward meaningful and lasting resolutions that deeply respect their humanity. Through the telling of ten riveting stories of real mediations in diverse settings, the principles and methodologies of this dynamic approach to conflict come alive. In so Challenging conflict, the authors also challenge the conflict resolution field to reach for more. Book jacket. |
| family law mediation training california: The Complete Guide to Mediation Forrest S. Mosten, 1997 Complete guide to using mediation in a family law practice. |
| family law mediation training california: Negotiating for Success: Essential Strategies and Skills George J. Siedel, 2014-10-04 We all negotiate on a daily basis. We negotiate with our spouses, children, parents, and friends. We negotiate when we rent an apartment, buy a car, purchase a house, and apply for a job. Your ability to negotiate might even be the most important factor in your career advancement. Negotiation is also the key to business success. No organization can survive without contracts that produce profits. At a strategic level, businesses are concerned with value creation and achieving competitive advantage. But the success of high-level business strategies depends on contracts made with suppliers, customers, and other stakeholders. Contracting capability—the ability to negotiate and perform successful contracts—is the most important function in any organization. This book is designed to help you achieve success in your personal negotiations and in your business transactions. The book is unique in two ways. First, the book not only covers negotiation concepts, but also provides practical actions you can take in future negotiations. This includes a Negotiation Planning Checklist and a completed example of the checklist for your use in future negotiations. The book also includes (1) a tool you can use to assess your negotiation style; (2) examples of “decision trees,” which are useful in calculating your alternatives if your negotiation is unsuccessful; (3) a three-part strategy for increasing your power during negotiations; (4) a practical plan for analyzing your negotiations based on your reservation price, stretch goal, most-likely target, and zone of potential agreement; (5) clear guidelines on ethical standards that apply to negotiations; (6) factors to consider when deciding whether you should negotiate through an agent; (7) psychological tools you can use in negotiations—and traps to avoid when the other side uses them; (8) key elements of contract law that arise during negotiations; and (9) a checklist of factors to use when you evaluate your performance as a negotiator. Second, the book is unique in its holistic approach to the negotiation process. Other books often focus narrowly either on negotiation or on contract law. Furthermore, the books on negotiation tend to focus on what happens at the bargaining table without addressing the performance of an agreement. These books make the mistaken assumption that success is determined by evaluating the negotiation rather than evaluating performance of the agreement. Similarly, the books on contract law tend to focus on the legal requirements for a contract to be valid, thus giving short shrift to the negotiation process that precedes the contract and to the performance that follows. In the real world, the contracting process is not divided into independent phases. What happens during a negotiation has a profound impact on the contract and on the performance that follows. The contract’s legal content should reflect the realities of what happened at the bargaining table and the performance that is to follow. This book, in contrast to others, covers the entire negotiation process in chronological order beginning with your decision to negotiate and continuing through the evaluation of your performance as a negotiator. A business executive in one of the negotiation seminars the author teaches as a University of Michigan professor summarized negotiation as follows: “Life is negotiation!” No one ever stated it better. As a mother with young children and as a company leader, the executive realized that negotiations are pervasive in our personal and business lives. With its emphasis on practical action, and with its chronological, holistic approach, this book provides a roadmap you can use when navigating through your life as a negotiator. |
| family law mediation training california: Multijuralism Albert Breton, Anne Des Ormeaux, 2013-02-28 Exploring various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism, this volume also considers the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. |
| family law mediation training california: Splitting Bill Eddy, Randi Kreger, 2021-07-01 This highly anticipated second edition of Splitting includes new chapters on abuse, alienation, and false allegations; as well as information about the four types of domestic violence, protective orders, and child custody disputes. Are you divorcing someone who’s making the process as difficult as possible? Are they sending you nasty emails, falsifying the truth, putting your children in the middle, abusing you, or abusing the system? Are they “persuasive blamers,” manipulating and fooling court personnel to get them on their side? If so, you need this book. For more than ten years, Splitting has served as the ultimate guide for people divorcing a high conflict person, one who often has borderline or narcissistic (or even antisocial) personality disorder. Among other things, it has saved readers thousands of dollars, helped them keep custody of their children, and effectively guided them through a difficult legal and emotional process. Written by a family law attorney and therapist, and the author of Stop Walking on Eggshells, Splitting is an essential legal and psychological guide for anyone divorcing a persuasive blamer: someone who suffers from borderline personality disorder (BPD), narcissistic personality disorder (NPD), and/or antisocial personality disorder (ASPD). This second edition includes new information about antisocial personalities; expanded information about domestic violence, child abuse, alienation, and false allegations; how to approach protective orders and deal with child custody disputes; and a new chapter on how to successfully present your case to decision makers. Turn to this guide to help you: Predict what your spouse may do or say in court Take control of your case with assertiveness and strategic thinking Choose a lawyer who understands your case Learn how e-mails and social networking can be used against you If you need help navigating a high-conflict divorce from a manipulative spouse, this book includes all of the critical information you need to work through the process of divorce in an emotionally balanced, productive way. |
| family law mediation training california: The Mediation Handbook Alexia Georgakopoulos, 2017-09-19 The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict. |
| family law mediation training california: Getting to Yes Roger Fisher, William Ury, Bruce Patton, 1991 Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement. |
| family law mediation training california: The Good Divorce Constance Ahrons, 2009-10-06 It's never too late to have a good divorce Based on two decades of groundbreaking research, The Good Divorce presents the surprising finding that in more than fifty percent of divorces couples end their marriages, yet preserve their families. Dr. Ahrons shows couples how they can move beyond the confusing, even terrifying early stages of breakup and learn to deal with the transition from a nuclear to a binuclear family--one that spans two households and continues to meet the needs of children. The Good Divorce makes an important contribution to the ongoing family values debate by dispelling the myth that divorce inevitability leaves emotionally troubles children in its wake. It is a powerful tonic for the millions of divorcing and long-divorces parents who are tired of hearing only the damage reports. It will make us change the way we think about divorce and the way we divorce, reconfirming our commitment to children and families. |
| family law mediation training california: Mediation Carrie Menkel-Meadow, 2018-05-08 This title was first published in 2001. This volume of essays explores the theoretical and jurisprudential bases of mediated forms of dispute resolution, from legal, anthropological, sociological, psychological and political sources. It also presents ongoing disputes about the field itself, including its threat to conventional litigation and justice seeking adjudication, and its promise in providing more humane and tailored solutions to human problems. |
| family law mediation training california: Family Mediation Practice John Allen Lemmon, 2008-06-30 A helpful guide for all those now mediating family disputes, as well as for those who hope to become family mediators. |
| family law mediation training california: Mediation Barbara A. Bullen, 2012 Mediation, A Training and Resource Guide for the Mediator, contains 626 pages of educational and training information for the mediator, complete with outstanding articles from well-known mediators throughout the United States. Although, some of the contents of the book is now obsolete or changed, it still contains worthy and important information for the needs of professional mediators. Consider this book a collectors item. |
| family law mediation training california: Unbundling Legal Services Forrest S. Mosten, 2000 This books explains how firms can start unbundling their law practice and offer this new consumer-oriented approach to legal service delivery to their clients. |
| family law mediation training california: Children, Courts, and Custody Andrew Schepard, 2004-03 Sample Text |
| family law mediation training california: Building a Successful Collaborative Family Law Practice Forrest S. Mosten, Adam B. Cordover, 2018 |
| family law mediation training california: Transformative Mediation Robert A. Baruch Bush, 2010 |
| family law mediation training california: Chief Ronald M. George, Laura McCreery, 2013 Based upon oral history interviews conducted by Laura McCreery, California Supreme Court Oral History Project. |
| family law mediation training california: California Family Law Marshall W Waller, Ryan C Waller, 2024 Covers major issues of family law in California, particularly in the areas surrounding marriage, separation, divorce, and parents and children. Includes litigation strategies and instructive material on the preparation of formal requests to the family court, issuance of discovery and templates and forms as needed throughout the process of divorce-- |
| family law mediation training california: The Mediator's Toolkit Gerry O'Sullivan, 2018-09-18 The Mediator's Toolkit offers an array of methods for mediators to develop the skills to formulate and ask strategic questions that shift perspectives and result in successful mediated outcomes in any context. |
| family law mediation training california: Divorce Mediation Jay Folberg, Ann L. Milne, 1988-05-20 Although divorce is essentially a matter of personal choice, its emotional aspects are necessarily entwined with legal dynamics, making decisions about divorce a matter of both the heart and the law. Consequently, feelings become facts that must be accommodated in the divorce process in order to reach a viable lasting result. Divorce mediation, an alternative to traditional judicial intervention and third-party decision making, facilitates private negotiation and takes into account emotional as well as legal dimensions of marital dissolution. This process empowers divorcing couples to be actively involved in making the choices that will affect their lives for years to come. The divorce mediator acts as a neutral party who promotes decision making with the family and helps divorcing couples to develop their own parental, financial, and property arrangements. Because divorce mediation views divorce as a multidimensional process that involves both legal and psychological matters, it has attracted professionals from both fields who wish to facilitate a less adversarial approach to the dissolution of a marriage. DIVORCE MEDIATION: THEORY AND PRACTICE fills the currently unmet need for a comprehensive treatment of this burgeoning field. Editors Folberg and Milne, both nationally recognized authorities, have compiled an interdisciplinary state-of-the-art work on divorce resolution. Leading practitioners have contributed chapters which define the theory of divorce mediation, and outline techniques and strategies, as well as ethical considerations and constraints, standards of practice, and policy issues. Current results and forthcoming research findings on such important and controversial matters such as mediation's role in domestic violence disputes are also included. The volume opens with a lucid discussion of theory and practice, the nature of divorce disputes, and methods for achieving settlements. It goes on to offer a detailed overview of the psychological and legal dimensions to be considered. Next, organizational settings in which divorce mediation occurs, namely courts-of-law, private practice, agencies, and organizations are discussed. The implications of divorce mediation for such complex areas of dispute as child custody and financial agreements are vividly conveyed. The process of engaging couples in constructive communication and reducing irrationality is fully explored in the chapters on power balancing, communication strategies, and techniques to break impasses. Legal and ethical issues discussed include liability of divorce mediators, confidentiality and privilege, and standards of practice. The book closes with comprehensive coverage of research results, a longitudinal comparison of mediated versus adversarial divorce, and an in-depth descriptive analysis of common divorce mediation behaviors. This groundbreaking volume brings together a wide range of noted practitioners and researchers in this dynamic discipline to produce the singular interdisciplinary, comprehensive work on this subject to date. DIVORCE MEDIATION: THEORY AND PRACTICE will be an indispensable tool for mediators, therapists, social workers, lawyers, educators and other dispute resolution professionals. It will be of interest to anyone concerned with empowering couples to determine their own mutual and individual responsibilities, and rendering the process of marriage dissolution more cooperative and humane. |
| family law mediation training california: California Family Law for Paralegals Marshall W. Waller, 2008-12-12 California Family Law for Paralegals is the only textbook for paralegals that focuses specifically on California family law. In its fifth edition, this straightforward textbook continues to provide California paralegal students with a practical framework for examining the full range of family law issues under California law. Among the characteristics that make this text the perfect choice for teaching California family law: A practical, straightforward approach designed to teach the basics to paralegal students. A focus on the California Family Code, integrating statutory law and judicial interpretation into a cohesive general discussion of family law and its various aspects. Examples of all the key Judicial Council forms used in the practice of family law in California Unlike other California-specific books, this book was written specifically as a teaching tool and offers a format that helps students learn, including Chapter Overviews and Summaries, Exercises, Key Terms, and a Glossary. Updated and completely current, The Fifth Edition includes: Revision of the text to reflect changes in the law, with new cases and statutes Completely updated forms Advice on how technology can make family law practice more effective Completely updated Instructor’s Manual A new, streamlined organization with shorter, more teachable chapters The only text of its kind, California Family Law for Paralegals offers comprehensive coverage—in a readily accessible format—of all the key topics and developments in this ever evolving area of the law. |
| family law mediation training california: Journal of Dispute Resolution , 2007 |
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