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Chapter 8: Family Mediation and a Therapeutic Approach

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Presentation on theme: "Chapter 8: Family Mediation and a Therapeutic Approach"— Presentation transcript:

1 Chapter 8: Family Mediation and a Therapeutic Approach
Allan Barsky, JD, MSW, PhD “Conflict Resolution for the Helping Professions”

2 How is family mediation different from mediation in other contexts?
Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

3 Special concerns Power Third Parties Religious beliefs “Broken hearts”
Vulnerability Third Parties Who decides Religious beliefs Social expectations “Broken hearts” Laws Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

4 Therapeutic Mediation (TpM)
Contrasts with IBM, TfM, and TpM? Line between TpM and Therapy Competence to practice TpM Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

5 Contexts for Family Mediation
Separation & Divorce Vs. Marital Conflict Prenuptial & Cohabitation Agreements Parent-Youth Conflict Child Protection Issues Elder Care & Guardianship End-of-Life Family Business Disputes & Estate Planning Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

6 Substantive Knowledge: Family Law
Child custody Visitation Child support Spousal support / Alimony Abuse and neglect Privilege Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

7 Substantive Knowledge: Psychosocial Issues
Best interests of the children Impact of parental conflict High conflict divorces Alienated children Community resources Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

8 Cultural expectations
DIVERSITY Religious beliefs Cultural expectations Gender & socialization Same-gender couples Socioeconomic differences Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

9 PREMEDIATION & CAUCUSING
Assess Safety Power Readiness Motivation Resources Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

10 Premediation & Caucusing
Process emotions Deal with problematic thoughts Facilitate insights Coping with loss & change Coach re skills Preparing Clients Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

11 Premediation & Caucusing: Power & Safety Issues
Ongoing Screening: Coercive, Controlling Violence Violent Resistance Situational Couple Violence Separation-Instigated Violence Mental Health Driven Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

12 Intimate-Partner Abuse: Challenges for Mediators
Safety Neutrality and Biases Termination BATMA Confidentiality Relationship with Child Abuse Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

13 Power Balancing Teach assertiveness skills
Help more powerful party see pros of collaboration, without coercion Equal opportunity to speak Help parties develop “yesable” options Help parties reassess sources of powers (change perceptions, identify different sources of power) Access to information Link with advocates Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

14 Working with Attorneys
Validate role Advice Information Financials Help screen Power Violence Motivation Explain mediation Respond to concerns Sharing information Ethical duties Help clients Prepare Consider options Know BATMA Focus on child Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

15 Therapeutic Strategies & Skills: Family Systems
Renegotiate roles, rules, relationships, boundaries Structural questions Strategic questions Circular questions Role-reversal questions Presuppositional questions Predicting the next step Exception-oriented questions Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

16 Therapeutic Strategies & Skills: Rational Emotive Behavior Therapy
Correcting misperceptions, misattributions… Asking questions about emergencies Facilitating insights re irrational beliefs Facilitating acceptance – self, other, life Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

17 Therapeutic Strategies & Skills: Narrative Therapy
Storytelling Deconstruction of problem-saturated stories Reconstruction in more positive light Externalizing the problem Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

18 Therapeutic Strategies & Skills: Solution-Focused Strategies
Looking for exceptions Validating what is working Invite clients to do more of what works Coping questions Miracle questions Scaling Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

19 Involving Children in Mediation
Mediator competence Purpose Parental consent Child assent Age & maturity Pre-empt parent pressure Child’s voice: alternatives Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

20 Discussion Questions 1. Ambulance Chasing 2. Preparations 4. Dog Fight
7. Child Focus 8. Skill Factor 11. MOU Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

21 Role-Play 8.1: Diaz Divorce - Preparation
Mr. & Mrs. Diaz recently separated Children – Lenny, Skeeter Mediator calls Mr. Diaz’s lawyer, Ms. Lopez Ms. Lopez thinks poorly of mediation Mrs. Diaz has no lawyer Mr. Diaz says his ex is mentally ill Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

22 Role-Play 8.3: Grandparent Rights and Narrative Strategies
Fabian – wife, Whitney, died in car accident Lucille – Mother-in-law blame F for drunk driving Three children – Corey, Calla, Charlotte F refuses to allow L to see children Marta – mediator uses narrative approach Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

23 Role-Play 8.4: Parent Youth Conflict
Garrison – 15 year old, kicked out for being gay Mr. & Mrs. Penobscott view homosexuality as sin Maxine – mediator Could use family systems strategies: Presuppositional questions Strategic questions Circular questions Or solution-focused strategies: Looking for exceptions Miracle questions Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

24 Major Assignment 8A: Messy Estate Dispute
Selma (41) and Suzie (38) – sisters Parents died in car accident No will – not sure how to deal with many items in estate Mona – Mediator (may use Therapeutic or other approach) Do not share confidential facts with other parties until after role-play Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

25 Major Assignment 8B: Separation Anxiety Case
Hartley (38) – Atheist Willow (40) – returning to Mormon faith Common law spouses – 14 years, now separated Children – Destinee (8), Stefan (14) Allegations that Hartley is emotionally abusive, and Willow is a wingnut Willow plans to move to go to colllege and take children with Melala - mediator Allan Barsky - Ch 7 Family Mediation & TfM 9/20/2018

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