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NCJRS Abstract

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NCJ Number: 98783 Find in a Library
Title: Attorney as Divorce Mediator
Journal: Mediation Quarterly  Issue:2  Dated:(December 1983)  Pages:21-28
Author(s): A G Berg
Date Published: 1983
Page Count: 8
Format: Article
Language: English
Country: United States of America
Annotation: This discussion of attorneys as divorce mediators considers client characteristics, referral sources, attorney-mediator functions, mediator fees, mediator referrals, mediating family financial planning, mediation technique and discovery, and benefiting the children of divorce in mediation.
Abstract: After listing typical attorney skills that qualify attorneys to be divorce mediators, this article profiles the usual divorce mediation client: well-educated, middle-class couples who want to avoid a court resolution of their divorce. Attorney-mediator functions are outlined: (1) explaining the process and result of mediation, (2) contracting with the clients for mediation, (3) conducting mediation sessions, (4) preparing a contractual mediation, and (5) having the couple sign the agreement. The author describes her own fee schedule, consisting of an hourly rate generally applicable in traditional divorce proceedings and a retainer of $1,000 per couple. A discussion of mediator referrals advises that referring clients to other helping professionals, such as mental health counselors, is done at the client's request. The section on mediating family financial planning identifies typical issues mediated in financial planning and describes the author's computer software that assists in mediating financial planning. Mediation techniques the author has found successful include using the labor law technique of impasse mediation and not allowing the couple to revert to issues settled in earlier sessions.
Index Term(s): Attorneys; Divorce mediation; Fee schedules; Mediators
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