1. Unit 4 Seminar PA 419:Family Law and Divorce Mediation Professor Foulks

2. Lesson Objectives By the end of Week 4 students should be able to: 1. Understand the preparation involved for meaningful mediation; 2. Explain how the mediator’s skillful use of questions can help the parties resolve underlying confrontational divorce issues; 3. Describe aspects of a positive mediation environment; 4. Explain types and uses of future-oriented questioning techniques; and 5. Understand important stylistic differences between business or labor dispute resolution and family law dispute resolution.

3. Unit 4: The Mediation Session Do you know what to expect during an actual mediation session? Even if you have ever participated in a mediation session, family law mediation is a unique practice.

4. Conducting the Session The mediator’s communication style is very important. Mediator’s use future-oriented questions focusing on desired outcomes, and not directed to past deeds contributing to divorce or discord. Mediators must maintain focus and promote harmony during the mediation.

5. Mediation Models This week you will learn about client- centered mediation and law centered mediation models and how they differ.

6. Client Centered Model In a client-centered family law mediation, the mediator provides an environment in which each party can reveal ideas in an atmosphere of relative peace.

7. Client-centered versus Law-centered mediation The mediator does not run intermittently between the parties who are isolated from each other conveying offers and counter-offers between parties during the mediation process.

8. The focus in client-centered mediation is on cooperation and not competition.

9. The mediator must be very sensitive to the needs of each party. The mediator should meet individually with each party The mediator needs to assess personality and personal preferences.

10. Goals of Mediation The mediator seeks to make the parties realize that they have a common interests and shared goals. The mediator must strive to prevent demonstrations of animosity during the mediation

11. Client Confidentiality Mediation is an attempted settlement negotiation and that what is said in negotiations will not be used at trial. Parties sign a contract that assures the mediator that she will not be called as a witness if the mediation is not successful.

12. ?? Discussion Question ?? How does client confidentiality assist the mediator?

13. Mediation Don’ts Threats or ultimatums Assigning blame or fault Recounting past facts Allowing others to attend Involving the children

14. Scenario David and Angela have reached the family mediation day. David begins by stating, "I insist on having temporary custody of both children." Angela insists on the same.

15. Tonight’s questions 1. What mutual areas of concern will David and Angela have concerning their future relationship? 2. What are some issues, other than love for the children, which might be motivating each of them to insist on the issue of custody?

16. 1. If Angela has been given a chance to move to another state, 600 miles from their present location, and take a much better job, why might she be more insistent about having permanent custody of both children? 2. If David and Angela live in a location which follows the idea of one parent having physical custody and the other having visitation rights, what advantages in the parenting plan will the custodial parent have over the non-custodial parent? 3. Realizing that David and Angela perceive child custody as a contest, what can the mediator do to re-focus the discussion on the underlying issues?