Preview

Essay On Divorce Mediation

Satisfactory Essays
Open Document
Open Document
631 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Essay On Divorce Mediation
Divorce Mediation
Divorce mediation in when a couple sits together with a third person, known as a mediator and the mediator helps resolve issues that the couple is dealing with through face to face negotiation and mutual concession.
The mediator uses empathy, congruency and unconditional positive regard. Both people have to work together in the process to see how to work out their own disputes rather than always letting the mediator settle it out for them
Both people are given a chance to solve the same problems in a non-judgmental, supportive and communicative way to see if both people can work out their issues without a win or lose situation
The mediator is in charge of what the couple must discuss and what needs to be solved in a fair and civil matter.
…show more content…
The mediator makes sure the couple collects data needed for their divorce. The data is then shown to both parties to create openness. The couple is then able to see if the information is authentic and to see if both parties agree on the information. If one party disagrees, then the mediator help find different solutions for both parties to agree on and benefit from.

Hypothetical Case Study of Divorce Mediation
Paul and Tammy have decided to get a divorce. They have been together for 20 years but feel they have grown apart but still care dearly for each other. Together they have 2 children and 3 houses and a few other assets. They decide to go to a professional mediator to try come to some agreement on childcare and all their assets. They tried to come up with an agreement by themselves in a civil way but found no solution without fighting and drama. They find a mediator to help them and together they come up with an idea to sell a house and split the cost and each get one house. They both agree on shared custody of their children. Together they agree on all the terms for each other and finalize the divorce

You May Also Find These Documents Helpful

  • Good Essays

    Mgt441 Assignment 4

    • 652 Words
    • 3 Pages

    “Third-party involvement includes mediation, fact-finding, and arbitration”(Fossum, 2015, p.409). Mediation is a party that assists the involved party however remains neutral. Mediation will find a common ground where the parties involved can communicate together in order to find a solution to whatever problem or task is at hand. However easy this may sound the task of bringing a disruptive party together can seem next to impossible. The goal for the mediator is to bring not only communication to the table but also an agreement.…

    • 652 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The role of the Mediator will be that of a neutral third party, who will have no long-term interest in the consequences or outcome of the dispute. His or her role will be that of a facilitator and advisor in the settlement negotiations. The Mediator may comment on issues and express his or her opinion regarding the relative strength or weakness of the parties’ positions.…

    • 610 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Mediation will allow you the best opportunity for success by helping both parents work together to agree on the right custody arrangement. A good mediator will ensure that both you and your ex are putting your kids first by reminding you that you are parents first and courtroom adversaries second.…

    • 451 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Mediators do not give a final verdict on the case, but only serve as a resource of understanding between both parties. In the case that there is not an agreement, the parties can look to other avenues to resolve the legal issue, whether that be another ADR option, or court. In the same manner, Arbitration also uses a third party to handle disputes. When each party agrees to arbitration, usually an expert in the field is called to facilitate the process. Their responsibility is to listen to what each side has to present, and based on the evidence and information, provide a verdict for the case. Some of these cases can be binding meaning that a decision made by the arbitrator is final. In any other instances, if the case is not binding, then either party has the right to go to court if the verdict is not satisfactory (Arbitration and mediation, n.d.). Sometimes I hybrid version of these two processes, known as Med-Arb, may be the best approach. At the beginning of the process a mediator is established, but if an agreement cannot be reached through mediation, then the mediator takes position as an arbitrator and imposes a binding decision for…

    • 1151 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    BSHS 441 complete class

    • 2050 Words
    • 12 Pages

    Describe three ethical issues involved when taking the role of mediator and give examples of each.…

    • 2050 Words
    • 12 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Another strategies of resolutions through in the ADR process in the situation of problems in the Learning Team is the mediation. Team member with current or previous involvement in disputes are not able to intervene as arbitrator. According to "San Diego Court” (2014), Mediation is a confidential, non-binding process in which a trained mediator facilitates communication between disputants and assists parties in reaching a mutually acceptable resolution of all or part of their dispute. The mediator is not the decision-maker and does not resolve the dispute, the parties do. However a mediator is often able to more fully explore the parties' underlying interests, needs and priorities ("San Diego Court ", 2014). The ADR Clause is a faster process and more effective that a litigation.…

    • 347 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    While mediation assists the parties to reach their own settlement, _____ hears the positions of both and decides on binding settlement terms.…

    • 401 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Mediators are trained in facilitation and negotiation techniques by working with two parties to come up with a possible solutions. One thing the mediator does…

    • 359 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The ultimate goal of the mediator is to assist two or more feuding individuals by helping them reach an agreement; they often facilitate communication between feuding parties in order to reach common ground in a timely fashion. While the mediator does help assist the two parties resolve conflict, the mediator is not the decision maker. Ultimately, the conflict will be resolved by the two feuding parties and not the mediator Worldwide Legal Directories, 2010).…

    • 590 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A mediator is an impartial third party who meets with two or more people to encourage and facilitate communication in order to reach an agreement or conclusion over a conflict that exists between the two parties. The mediator is not the decision maker. The two parties and not the mediator will make the final decision. It is the legal and ethical job of the mediator to keep all communication confidential unless otherwise specified (The Association of Attorney-Mediators, 2001).…

    • 584 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Psyc 312

    • 642 Words
    • 3 Pages

    Neutral mediators often help solve labor disputes, legal battles, and divorce proceedings. Mediators are often in a better position to recognize that there are mutually agreeable solutions to a conflict…

    • 642 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The writers of Child Informed Mediation Study uses the child 's perspective towards divorce. "After divorce children do better when there is less parental conflict. (Particularly in front of the children or about the children.)" There are four credible authors that contributed to this article. Bates, Holtzworth-Munroe, and D 'Onofrio are all from the Department of Psychological and Brian Sciences Indiana University, Bloomington, Indiana. Applegate, another writer, is from Maurer School of Law, Indiana University, Bloomington, Indiana.…

    • 634 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Common issues that divorced couples argue about are related to who will get custody of the children, where the children will live and go to school, and the amount of child support that will be paid. Although it is beneficial for the children to maintain relationship with extended family members, this can become difficult if family and friends begin taking sides with their biological family member. This can have a negative impact on the…

    • 392 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Essay On Family Mediation

    • 611 Words
    • 3 Pages

    These can be important considerations for many families, and provide reason enough to put aside your differences for the greater good of your family. Most families that participate in mediation feel more satisfied with the results, because they took an active role in reaching decisions that work for their lives. Knowing that you had a hand in the outcome of your divorce case can also create a sense of personal achievement that is often absent when you let the Judge or jury decide your fate. And while the parties are in the driving seat at mediation, it is still critical to partner with a qualified legal professional to make sure your interests are protected. We have experience helping people through divorce, whether the decision is made to proceed in the courtroom or at the mediation…

    • 611 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Marriage Counselling

    • 666 Words
    • 3 Pages

    This essay will discuss marital counselling. Included in the discussion will be the purpose of various forms of couple intervention, which include premarital counseling, marriage enrichment counselling, couples counselling, divorce counselling, and divorce mediation. In addition, this essay will examine the role of the helper, and the relevant core relational conditions that are required. Moreover, the degree of structure that is…

    • 666 Words
    • 3 Pages
    Satisfactory Essays