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Setting Up a Private 'Mediation' Practice (From Alternative Means of Family Dispute Resolution, P 173-203, 1982, Howard Davidson et al, ed. - See NCJ-92365)

NCJ Number
92166
Author(s)
H M Elson
Date Published
1982
Length
31 pages
Annotation
The author discusses the origin and development of his divorce mediation practice and important factors involved in this process.
Abstract
Divorce mediation, or nonadversary family law, is applicable to only a limited number of clients. Clients who are evenly matched in intelligence, competence, and self-esteem and are flexible are good candidates. Although the divorcing couple has adverse legal interests, in California, it is legally permissible for one lawyer to be consulted by such clients so long as there is written acknowledgement from both clients that this issue was explained and understood by them. The lawyer must maintain a neutral stance towards clients involved in the mediation process. The first meeting is followed by a comprehensive letter agreement -- which must be signed by both parties and the attorney -- which states the general issues to be resolved. The parties continue to meet until a final agreement is reached or until it is clear that no such agreement will be forthcoming. An analysis of 168 cases the author mediated shows that 51.7 percent of the cases went to agreement and divorce judgments. Also discussed are the issues of child in custody, fees, and training. Statistics are included. Sample letters to clients and a sample petition are supplied.

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