Efnisyfirlit

• The Handbook of Family Dispute Resolution: Mediation Theory and Practice
• Contents
• Preface
  • Overview of the Contents
  • Purpose of the Book
• Acknowledgments
• Part One: Practical Theory
  • Chapter One: Understanding Family Dynamics
    • Assessing the Family from the Systemic View
      • General Systems Perspectives
      • Systems Archetypes
    • Basic Tenets of Family Systems Theory
      • Stability and Change
      • Developmental Stages
      • The Need to Be Both Open and Closed
      • Belonging and Individuality
      • Communication as Feedback
      • Subsystems and Complementarity of Roles
    • The Change Process from a Family Systems Perspective
      • How Families Create, Maintain, and Change Boundaries
      • How Family Mediators Can Perceive Boundaries
      • Watching for the Unwritten Rules
    • Normalcy, Health, and Dysfunction
      • What Is Normal?
      • Hallmarks of Adjustment
      • The New Paradigm of Family Strengths
    • Dynamics of Personal and Family Development
      • Attachment Theory
      • Differentiation
      • Codependency
    • Alliances, Legacies, and Secrets
      • Triangulation: the Dynamics of Threes
      • Legacies—Positive and Negative
      • Family Secrets: The Elephant in the Room
    • Resilience and the Current Dilemma
      • External Factors That Promote Resilience
      • Disputes as Opportunities for Resilience
      • Maintaining Mediator Resilience
  • Chapter Two: Understanding Family Conflict
    • The Multiple Levels of Family Conflicts
    • Conflict Emergence and Intervention
      • Conflict as Powers Meeting and Balancing
      • Conflict as a Cyclical Process
      • Conflict as Social Exchange
    • Analyzing Family Conflicts
      • Intractable Family Conflicts
      • Family Crisis Versus Family Conflict
      • Renegotiating Intimacy as Well as Power
    • Reaction to Conflict: Anger, Indignation, and Aggression
      • Simple Anger: The Continuum of Intensity and Control
      • Indignation: Justice Concerns and Accountability
      • Hostility and Aggression: Beyond Thought
    • How Families Fight
      • Styles of Reaction to Conflict
      • Patterns of Conflict Interactions
      • Marital Fight Patterns
      • Family Interactional Fight Patterns
    • Negotiation Within Mediation
      • Coaching Negotiation During Family Conflicts
      • Measuring Family Communication for Negotiation
      • Decoding Threats
      • Cognitive Biases That Clog Communication
      • The Double Bind of Family Negotiation
    • Face-Saving in Family Conflict
      • Face in High-Context and Low-Context Cultures
      • Context Differences Within Families
      • Face-Saving During Mediation
      • Ways of Saving Face
      • Responding to Face Needs During Mediation
  • Chapter Three: Family Mediation Models and Approaches
    • Models and Approaches: A Definition
    • Stage Theory Models
    • Problem-Solving and Negotiative Approaches
      • Modes of Family Mediation Practice
      • Hallmarks of the Problem-Solving Process
      • Limitations and New Paradigms
    • Procedural Models
      • Structured Mediation Model
      • Hallmarks of Other Procedural Models
    • Therapeutic Models
      • Therapeutic Family Mediation
      • Strategic, Structural/Functional, and Bowenian Models
      • Impasse-Directed Mediation
    • Transformative Approaches
      • Hallmarks of Transformative Process
      • Doing Family Mediation Transformatively
    • Narrative Mediation Models
      • Phases of Narrative Practice
      • Reflective Questions and Writing Memos
      • Adapting the Narrative Model to Mediation Practice
    • Interactive Approaches
    • Neutrality Concepts Across Models
    • Eclecticism, Integration, and Personalizing Models
  • Chapter Four: Family Mediation Skills and Techniques
    • Case Assessment and Formulation
      • Assessing the Family System
      • Determining Preexisting Conditions and Readiness
      • Evaluating the Problems to Be Solved
    • Shaping Client Sessions for Effectiveness
      • Time and Structure of Sessions
      • A Mediation Plan for Sequential Sessions
      • Single-Session Mandates
      • Marking Headway
      • Closure
    • Mediating with Multiple Family Members
    • Caucusing
      • Using Solo Time for Face-saving
      • Emotional Respite and Reducing Diffuse Physiological Arousal
      • Strategizing with Participants
      • Confronting Clients
      • Resolving Power Struggles Between Client and Mediator
      • Pretesting an Option Prior to Joint Session
      • Exploring Sudden Shifts
      • Assessing Control, Abuse, Violence, or Threat
      • Issues in Conducting Solo Time
      • Reasons for Not Using Solo Time
    • Power Balancing
      • The Two Paradigms of Power
      • The Power of Passivity
      • Problems with Power
      • Changing the Power Paradigm
    • Neutrality and Client Self-Determination
      • Impartiality and Equidistance
      • From Strict Neutrality to Expanded Neutrality
    • Transforming Impasses
      • Impasse as Boundary Marker
      • Problem-Solving Answers to Impasse
      • Success Criteria as Keys to Impasse
      • Dialogue for Clarity
• Part Two: Family Mediation Processes
  • Chapter Five: Special Case Issues
    • Control, Abuse, and Violence
      • Problems with Power and Control in Relationships
      • Patterns of Domestic Violence
      • The Need for Screening
      • Screening Effectively
      • Ending Mediation Without Harm
      • Responding to the Challenge of Violence
    • Mental Health Concerns
      • Concerns About Power When Mediating Mental Health Issues
      • Diagnostic Labels Versus Functional Behavior
      • The Dynamics of Depression
      • Determining Appropriateness for Mediation
      • Developing Accommodations
    • Reporting Child Abuse and Neglect
      • The Mediator's Decisions and Role
      • When Allegations Are Made During Session
      • Some Important Reminders
      • Revelation During Caucus or Solo Session
      • Assessing Safety
      • Reporting Abuse
    • Framing Agreements for Special Issues Cases
      • Focusing on Functioning, Not the Label
      • Writing Up Agreements
      • Basing Parenting Plans on Special Conditions
  • Chapter Six: Ethics and Standards, Confidentiality and Privilege
    • Ethics and Standards
      • Key Principles
      • Standards for Attorneys and Social Workers
      • Ethics for Different Models and Approaches
      • Resolving Ethical Dilemmas
      • Evolving Standards
      • Common Ethical Concerns for Mediators
      • Some Safe Assumptions
    • Confidentiality and Privileged Communication
      • Exceptions to Confidentiality
      • Responding to Threats of Harm
      • Professional Protocols
      • Privileged Communication
      • The Uniform Mediation Act
  • Chapter Seven: Cultural Issues in Family Mediation
    • Family Culture
      • Gender and Sexual Identity
      • Class and Racial Identity
      • When Mediator Culture Clashes with Family Culture
    • Assessment of Cultural Factors
      • Cultural Entitlement Beliefs
      • Cultural Differences in Interactional Patterns
    • Identity, Adaptation, and Assimilation
      • Misunderstanding the Basis for Dispute
      • Identity-Based Conflicts in Families
      • Assessment of Cultural Transition
      • Mixed Cultures Within a Family Unit
    • The Mediator's Cultural Perspectives
    • African American Families in Mediation
      • Power Dynamics and Emotional Expression
      • Black Fatherhood
      • Biracial Couples
      • Reflecting on African American Families
      • Case Example: Hairbrushes and Grandmothers
    • Hispanic Cultural Themes
      • Respect, Warmth, and Indirectness
      • Adaptations for Mediating with Hispanic Families
      • Case Example: a Wedding in Mexico
    • Asian Perspectives
      • Cultural Support for Faster Adaptation
      • Traditional Family Structure
      • Cultural Themes of Duty, Face, and Obedience
      • Gender and Indirectness
      • Barriers to Services
      • Adaptations for Mediating with Asian Families
      • Case Example: A Trip to China
    • Gay and Lesbian Families
      • Similarities and Contrasts with Heterosexual Families
      • Themes in Gay and Lesbian Families
      • Case Example: Divorce and Parenting After Coming Out
    • Ethics and Practice Standards for Cultural Issues
  • Chapter Eight: Interfacing with Other Professionals and Parties
    • Continuity-of-Care Continuum
      • Perspectives on Referrals
      • Making Effective Referrals
    • Involving Children and Other Parties
      • Risks of Including Children
      • Preparing the Others
      • Rationales Beyond Cultural Orientation
      • Planning Prior to Child Involvement
      • Structuring Child Interviews
    • Working with Advocates and Attorneys
      • Guiding the Advocate During the Session
      • Examples of Effective Advocacy
    • Individual and Marital Therapists
• Part Three: Specialized Practices in Family Mediation
  • Chapter Nine: Marital Mediation, Conciliation, and Prenuptial Agreements
    • Conciliation: Mediating the Problems of Staying Together
    • Marital Mediation Assessment
      • A Marital Mediation Example
      • Defining the Problem Differently
      • Marital Issues That Should Not Be Mediated
    • Themes of Attachment, Love, and Trust
    • Defining the Relationship by Agreement
    • Creating Appropriate Consequences
    • Prenuptial Agreements: More Than Money
  • Chapter Ten: Divorce Mediation
    • The Divorce Mediator's Role
    • Mandatory and Voluntary Mediation
    • Married Versus Unmarried Separations
      • A Case of Unknown Partners
      • Gay and Lesbian Couple Separation
    • Complete Divorces or Parenting Issues Only
      • Financial Issues
      • Starting with Parenting Rather Than Money
      • Universal Themes in Divorce and Separation Cases
      • The Crucible of Conflict
    • Describing a Case Using an Interactive Model
      • Session One: Climate, Concerns, and Commitment
      • Session Two: Refining, Reframing, and Redirecting
      • Session Three: Crisis, Climax, and Denouement
      • Session Four and Beyond: Change and Decisions
      • Things to Remember About the Middle and End
    • Integrating Children Into the Process
    • Postdivorce Concerns and Modifications
      • New Needs of Parents or Children
      • Dynamics of Postdivorce Disputes
      • Motivation to Mediate Postdivorce
      • Contrasts Between Postdivorce Disputes and Initial Divorce Concerns
      • The Role of the Mediator in Postdivorce Disputes
  • Chapter Eleven: Parent-Teen Mediation
    • Service Provision Considerations
    • Power Dynamics During Sessions
    • Speaking Naturally
    • Practice Dimensions
    • Classic Parent-Teen Mediation: Pam and Suzie
    • Sequential Family Mediations: The Kents
    • Victim-Offender Youth Programs: The Nguyens
  • Chapter Twelve: Adoption, Abuse, and Placement Cases
    • Fitting the Model to the Situation
    • Confidentiality and Privileged Communications
      • Uniform Mediation Act
      • Potential Ethical Dilemmas
    • Power Dynamics in Placement Cases
      • Power Between Family Members
      • Institutional Power and the Family
      • Using Advocates and Advisers to Mitigate Power Problems
    • Child Protection and Placement Cases
      • Determining Appropriateness for Mediation
      • Private Practice Contracting
    • Adoption
      • Common Adoption-Related Disputes
      • Termination Prior to Adoption
      • Open Adoptions
      • Mediating Adoption Consent Problems
      • Case Example: Mediated Open Adoption
      • Case Example: Change of Consent to Adopt
      • Changing Expectations: Opening Closed Adoptions
  • Chapter Thirteen: Elder Care and Family Medical Concerns
    • Mediable Disputes for Elders and Ill and Disabled People
    • Issues of the Elderly Population
    • Power Issues in Medical Disputes Concerning Elders
      • History and Dynamics of the Disputant Relationship
      • Personality Traits
      • Cognitive Issues
      • Knowledge Base
      • Economic Self-Sufficiency
      • Gender and Age Differences
      • Cultural and Societal Stereotyping and Training
      • Institutionalized Hierarchies
    • Mediating Family Medical Issues
    • Mediating Adult Guardianship
    • Case Example: Out-of-Home Placement for an Aging Parent
    • Case Example: Placement and Medical Treatment Dilemmas
    • Case Example: Postprocedure Medical Complaint
    • Case Example: Adult Guardianship of a Disabled Sister
• Appendix A: Household Map
• Appendix B: Report of the Academy of Family Mediators Task Force on Spousal and Child Abuse
  • Mediation of Family Disputes Involving Domestic Violence
    • Basic Guidelines for Mediators
    • Guidelines for Assessing Whether Mediation May Be Appropriate
• Appendix C: Control, Abuse, and Domestic Violence Screener
• Appendix D: Parenting Plan Rationale and Matrix
  • Understanding the Parenting Plan Matrix
  • Description of the Matrix
  • Listening for Factors in Client's Stories
  • Current Use
  • Underlying Assumptions of the Parenting Plan Matrix
  • How to Use the Matrix
• Appendix E: Budget Sheet
• References
• About the Author
• Index

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