This paper relates that mediation can be an extremely effective tool for divorcing couples to reach an amicable solution to their disputes; however, it has considerable limitations and is not appropriate for every case. The paper describes the mediation process and details its use in a particular divorce case. The paper concludes that, in this specific situation, mediation alone is not sufficient to reach the level of understanding sought by the wife. Instead, a combination of therapy, mediation and legal help would optimize the solution.
Table of Contents:
Introduction
The Situation
Mediation Process and Role of Mediator
Integrated Resolution
Potential Limitations of Mediation
Conclusion
From the Paper:
"In the case of divorce mediation, Haynes (27) acknowledges that complex emotional issues integrate with practical matters when attempting to resolve disputes. For effective mediation, both parties need to distance themselves from the emotions resulting from the past, and focus upon the future to find solutions for their practical concerns. Giovani is however unable to do so in his current situation and the traditional form of mediation cannot proceed. Indeed, the emotional aspects of the situation still very much dominate in Giovani's mind, and he is unable to communicate with Cherry in a cooperative way."
Sample of Sources Used:
Alexander, Nadja Marie. Global Trends in Mediation. Kluwer Law International, 2006.
Fisher, Thelma, Ventura, John and Reed, Mary. Divorce for Dummies. Indianapolis: Wiley Publishing, 2005.
Fishman Green, Rachel. Mediator Neutrality - How is it possible? Divorce Source, Inc. http://www.divorcesource.com/NY/ARTICLES/green3.html
Folber, Jay, Milne, Ann L. and Salem, Peter. (eds) Divorce and Family Mediation: Models, Techniques, and Applications. Guilford Press, 2004.
Haynes, John M. The Fundamentals of Mediation. Suny Press, 1995.
"Divorce Mediation" 15 January 2012. Web. 12 Feb. 2012. <http://www.academon.com/Case-Study-Divorce-Mediation/112488>
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Publisher Since:
Jan 27, 2009
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