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NCJRS Abstract

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NCJ Number: 99278 Find in a Library
Title: Court Mediation Model With an Eye Toward Standards
Journal: Mediation Quarterly  Issue:8  Dated:(June 1985)  Pages:33-46
Author(s): C Cramer; R Schoeneman
Date Published: 1985
Page Count: 14
Format: Article
Language: English
Country: United States of America
Annotation: The proposed court divorce mediation model has five stages: orientation, initiation, exploration, formulation, and finalization.
Abstract: In the orientation stage, the mediation process is explained in detail to each participant. At this stage, the mediator should determine each client's suitability and readiness for mediation, and any prescribed client roles should be defined. The role and function of client attorneys should be discussed, with the orientation stage concluded by parties' commitments to continue the mediation. In the initiation stage, the mediator should elicit information that will assist the parties in mutually defining and agreeing on the issues to be resolved in mediation. At the exploration stage, the parties present their ideas for alternative settlements. The mediator may also submit alternatives for dispute resolution. The emphasis at this stage is on having the parties cooperate in exploring the issues while improving communication between them. Homework may be assigned to the parties on the basis of new information received during this stage. The formulation stage begins with a review of the homework previously assigned. The mediator should redefine and reclarify the issues to facilitate the parties reaching consensus. Prior and current negotiations are compared, and common ground is identified. Every compromise should be acknowledged by the mediator. Compromise will be facilitated as the mediator focuses on what will most benefit the family. In the finalization stage, the mediator prepares either a written memorandum of understanding or an outline of the agreement. Participants discuss the agreement and make needed changes. Seven references are listed.
Index Term(s): Child custody; Conciliation courts; Divorce mediation; Models
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