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Family Mediation: Theory and Practice of Dispute Resolution

NCJ Number
108422
Author(s)
H H Irving; M Benjamin
Date Published
1987
Length
316 pages
Annotation
Intended primarily as a textbook for practitioners and students interested in the field of family mediation, this book provides background information on core areas of divorce mediation and describes a practice model which combines theoretical and clinical components.
Abstract
The book opens with a review of why spouses decide to divorce, their experiences once the process has been initiated, their options within the adversary system, and the consequences of divorce for both adults and children. The legal history of divorce is summarized as background for exploring the adversarial system's approach to divorce. Following an overview of family mediation as it is now practiced in North America, the authors present their own model of 'therapeutic divorce mediation,' attended by a detailed case illustration. Financial, property, and custody disputes are explored in separate chapters. The advantages and disadvantages of shared parenting are given special attention. An examination of the lawyer's role in mediation considers the ways in which attorneys can help or hinder the family mediation process. A review of the relevant research literature notes the sparseness of such research, the positive results of research thus far, and suggestions for future research. Appendixes contain a sample divorce mediation agreement, samples of documents used in the authors' divorce mediation practice, and selected excerpts of relevant Canadian law. A 500-item bibliography and subject index.

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