CONFERNCE AT A GLANCE
Forty-Four Hour Divorce Mediation
Erickson
Mediation Institute |
Day 1
November 5, 2007 |
8:00
Registration, introductions, review of the training materials
and schedule, and expectations of participants, training
protocols. |
8:30
Empathy exercise. |
8:45
Conflict resolution processes. Definitions and discussion of
the differences between the processes of litigation, arbitration,
negotiation and mediation, with emphasis on client centered
mediation and transformative mediation. |
9:15
An overview of divorce mediation, what mediation is and how
it is applied to divorce. |
10:15
Break
|
10:30
Initial consultation demonstration role play. Introduction
of Structured Role Play Observation and debriefing. Learning
to observe mediator strategies and interventions. Screening
for spousal abuse. |
12:00
Lunch Break (not provided by Erickson Mediation Institute,
there is a café in the building or you may bring your
own) |
12:30
The initial consultation in the divorce process. The purpose
of the session, role of the mediator, the content and the
goals. Screening for Spousal Abuse. Ethical issues regarding
legal advice and information. |
1:45
Small group roleplays of initial consultation. Processing of
roleplay observation with emphasis on actual process of mediation
and identifying psychological, emotional abuse issues. Learning
how to deal with those issues, and how to answer legal and
process questions that emerge in the initial consultation |
2:45
Break (snack provided) |
3:00
The role of the mediator and mediator neutrality. Ethical issues
of neutrality. Neutrality and spousal abuse, the interplay
between impartiality and empowerment. Dealing with power
and intimidation tactics. How the mediator emphasizes process
and focuses on issues. Discussion of the empathy and listening
skills and providing balance. Discussion of safety of the
mediation setting and how that effects the psychological
well being of the participants. |
4:00
Listening exercise. |
4:30
Major mediator interventions lecture listing and describing
each intervention and its effect on the mediation process.
Modifying mediator interventions when there is spousal abuse. |
5:45
Improvisation exercise. |
6:30
Adjourn |
Day 2
November 6, 2007 |
8:00
Conflict resolution: The Conflict Cycle and Responses to Conflict
Theory including a discussion of conflict and spousal abuse
in divorce mediation. |
9:00
Conflict resolution theory: The Conceptual Framework of Divorce
Mediation, a comparison of the mediation and adversarial
theories and application to divorce. The role of the mediator
in influencing cooperation in mediation setting. |
10:15
Break |
10:30
Negotiation role play |
11:15
Mediation/arbitration role play exercise. |
12:00
Lunch Break (not provided by Erickson Mediation Institute,
there is a café in the building or you may bring your
own) |
12:30
The budget process of family finances and cash flow. Determining
net incomes. Recognizing different approaches to finances
and different attitudes about money between the parties.
Learning how to deal with fairness and trust issues.
Preparing Budgets as a basis for considering options about
child support and spousal support. Becoming acquainted with
the questionnaire and using the flip chart as a focusing
tool. Special considerations when there is spousal abuse. |
2:00
Role play demonstration of the budget process with observation
and debriefing. |
2:45
Break (snack provided) |
3:00
Small group role plays of the budget process and getting to
the bottom lines. Developing options about meeting monthly
expenses with available net income. Considering support plans
for the future for the children and for the dependent spouse. |
4:30
Legal issues in support: Lecture and discussion of the tax
and legal issues related to child support and spousal support.
Child Support Guidelines and general principles of fairness
demonstrated by cases law. Using the Divorce Tax Planner
as a tool. |
5:00
Spousal abuse video - Holding Patterns
Interactive discussion of video of two couples in which wives
are battered. |
6:30
Adjourn |
Day 3
November 7, 2007 |
| Coffee and Rolls |
8:00
The emotional divorce process and the significance of each
party: Emotional blocks as they relate to the mediation process,
and to issues of domestic violence. Understanding and using
the Relationship Circle. |
9:00
Mediating spousal abuse divorces. Legal and social definitions.
Special conditions to have in place when there has been spousal
abuse. The red flags that indicate abuse when it has not
been previously acknowledged. Assessing when mediation is
not appropriate. Understanding the cycle of violence and
the power and control circle. Ethical issues in mediating
spouse abuse divorces and reporting of child abuse. |
10:15
Break |
10:30
Mediating with a spousal abuse couple A demonstration of protocols,
skills, red flags, and balancing of power. |
12:00
Lunch Break (not provided by Erickson Mediation Institute,
there is a café in the building or you may bring your
own) |
12:30
Property and financial issues. Property identification, valuation,
and documentation are presented as the keys to building options
and finally a distribution of property. |
1:30
Role play demonstration of mediating property issues. Feedback
about mediator interventions used to mediate the concepts
and distribution of the property settlement. |
2:45
Break (snack provided) |
3:00
Small group role play of property issues with the goal of arriving
at several options and a distribution. |
4:00
Legal and tax issues related to property division: capital
gains, retirement plans, options on division of assets, payoff
of property settlement over time, imputed taxes, etc. Ethical
Issues regarding the discussion of taxes. |
4:30
Reframing and questioning improvisation exercise. |
6:00
Adjourn |
Day 4
November 8, 2007 |
| Coffee and Rolls |
8:00
Separate-parenting issues in mediation. Introduction and discussion
of all of the issues involved in deciding the parenting arrangements
of the minor children. Moving from the win/lose of custody
disputes to asking mutual questions that resolve the issues
of when the children will be with which parent in the future,
what will they do for holidays, how will they structure their
parenting relationship in the future. |
9:00
The effects of spousal abuse on children |
9:30
Enacting empowerment and recognition responses. |
10:00
Break |
10:15
Demonstration role play of a "custody dispute". Observation
and feedback regarding the use of "mutual" not "individualistic",
and best interests of the children as approaches to resolving
these disputes. Managing parenting conflicts. |
11:30
"
Pain Games" Video. Scenarios illustrating the effects
of competitive parenting and parental conflict on children. |
12:00
Lunch Break (not provided by Erickson Mediation Institute,
there is a café in the building or you may bring your
own) |
12:30
Small group role plays of parenting issues, observation and
debriefing. |
2:45
Break (snack provided) |
3:00
Impact of divorce on children: The psychological responses
of children to their parent's divorce at the time of the
separation. |
4:30
Neutrality exercise. |
5:00
Adjourn |
Day 5
November 9, 2007 |
| Coffee and Rolls |
8:00
Mediation of high conflict cases and cases of spousal abuse.
Special techniques and interventions to deal with anger,
intimidation, demands, threats, and issues of chemical dependency. |
10:15
Break |
10:30
High conflict role play demonstration of mediating a high conflict
situation. |
12:00
Review of the red flag tax issues. Lecture about the tax issues
that need consideration in divorce. Use of the divorce tax
planner and how tax planning may benefit the divorced family. |
1:15
Strategies to avoid impasse in mediation. Lecture and discussion
of strategies to use to intervene so impasse does not occur.
How to anticipate getting stuck and deal with it before it
occurs. |
2:30
Break (snack provided) |
2:45
Drafting the Memorandum of Agreement. Optional language, preliminary
and final drafts. The Legal Divorce process in mediated divorce.
The use of the lawyers in the mediation process. The legal
process in uncontested divorces. |
3:45
The Standards of Practice of Family Mediators. Ethical issues
in mediation regarding conduct, confidentiality, neutrality,
conflict of interest, disclosure of competency, for agreements,
etc. |
5:00
Adjourn |
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