Mediate BC is committed to providing people with practical, accessible, and affordable choices to prevent, manage and resolve disputes.
Conflict Resolution Week, October 17-24, 2015: Mediation gaining support to resolve disputes!
Members of the Academy of Professional Family Mediators (APFM) provide mediation services to families facing separation, divorce, parenting issues, property division, elder care, financial support, family business, pre-nuptial agreements, and other critical family issues. In my first article, I discussed some barriers to communication and how good communication promotes better understanding of people, reduces conflict, and enhances relationships. Brief responses to encourage continued talking include "mm-hmmm," "I see," "Oh?" "Right," "And?" "Go on," "Tell me more," etc. A good listener uses questions sparingly because questions tend to focus the conversation on the questionera€™s perspective and concerns and can derail the focus of the speaker. Theatre practitioners are experts in hearing and telling stories and that's exactly what courts need in mediation proceedings. Data produced by National Family Mediation suggests that the At-Court Mediation pilot project is helping to improve the level and quality of contact with children.
A by-product of the dramatic rise in the number of migrants and refugees arriving in Europe is soaring demand for a relatively new kind of humanitarian professional: the cultural mediator. How Children Cope with High Conflict Divorce: How are they harmed and what can parents do to help them?
Three years have passed since the words a€?child custodya€? have been spoken in an Arizona courtroom. Those who support the a€?best interests of childrena€? recently celebrated the momentous anniversary that the term a€?custodya€? was deleted throughout Arizonaa€™s family law statutes. Arizona is one of a handful of states that now distinguishes between the terminologies used for incarcerating prisoners, and parental authority over children.A Most of America has not so progressively evolved. Divorcing parents and family law attorneys are still adjusting to the less adversarial language.
Arizona courts have interpreted joint legal decision-making and equal 50-50 parenting time as their default orders based on recent law and precedent. Unfortunately, Arizonaa€™s transition to more child-centered language and law hasna€™t reduced the lines of parents at our courthouses battling over their children. Even after explosive divorce litigation in Arizona, judge-ordered outcomes of joint legal decision-making and equal parenting time are still most common. Wallerstein and Kellya€™s ground breaking research in the 1980a€™s (and scores of research since) show that parentsa€™ failure to stop fighting and end their high conflict relationship is the central cause of childrena€™s poor adjustment five years after divorce.


Why then, should divorcing parents engage in an adversarial litigation process in the first place?
It is unnecessary and in fact, unwise, for the vast majority of divorces to play out in litigation when spouses have a smarter, healthier choice in divorce mediation.
Arizona divorce lawa€”particularly as it pertains to childrena€”has created an environment most ideal for mediation success and satisfaction. Parents should also know that divorce mediation in Arizona is confidential, at least 80-90% less expensive than typical litigation legal fees, and concludes in a matter of only 2-4 months on average, compared to a lengthy court experience that can last a year or more. Today, Arizona courts are encouraging spouses to avoid a court-battle and opt for mediation.
Michael Aurit, JD, MDR, is a full-time professional divorce and family mediator and the founder of The Aurit Center For Divorce Mediation located in Scottsdale, Arizona. Karen Aurit, MA, is Director of Mediation Services and co-founder of The Aurit Center For Divorce Mediation. Ohio Auditor Dave Yost and Attorney General Mike DeWine support a new bill that would encourage public records disputes to be solved through mediation instead of costly lawsuits.
The Defense Equal Opportunity Management Institute provided an opportunity for two dozen U.S. One parent with superior decision-making rights, and a€?every-other-weekend-visitationa€? have become a rarity in the Wild West.
And yet, devastating divorce wars over parenting issues continue to rage on in our courtrooms. A§25-403) are sometimes fiercely litigated for years, childrena€™s greatest interests are almost always served when parents stop fighting.
Robert Emery (2001) found that parents who use divorce mediation have substantially better relationships with their children than parents who litigate in court.
As equal parenting time and joint legal decision making are almost a given (aside from certain specific activities that rebut the presumption), parents can work from that place in order to personalize and custom tailor their specific agreements to fit their schedules, and their childrena€™s needs. A neutral mediator helps them peacefully reach agreements on a comprehensive a€?parenting plana€? and full settlement to divide finances and determine support issues. Divorcing parents have the opportunity to choose a divorce path congruent with what is actually best for families. Parents can be heroes to their children by refusing to engage in a battle, and instead, come to the mediation table for a challenging, but respectful divorce process to accomplish far better outcomes for their family.
He helps divorcing spouses and families avoid court and reduce the devastating financial and emotional costs of litigation by creating lasting mutual agreements.


Army Europe Soldiers and Civilians to participate in the Mediation Certification Course, April 11 -- 15. She received her law degree from the University of Michigan Law School and specialized in the practice of commercial litigation, securities and real estate law for over ten years prior to becoming a mediator. For example, approximately 54% of children from mediated divorces had weekly phone contact with their non-primary residential parent twelve years later, compared to only 14% of children from litigated court divorces. This freedom reduces conflict moving forward by giving parents what they actually wanta€”control over their own lives and their childrena€™s future.
Parentsa€”no matter how challenging it may be to communicate with one anothera€”can choose to protect their children by going to the mediation table rather than a courthouse to settle their divorce.
The anniversary of Arizonaa€™s recently enacted parenting laws reminds us that we have a responsibility to reduce divorce related conflict for the sake of children. Nancy has taught at Pepperdine University School of Law, the Academy of Family Mediators, the Association of Family and Conciliation Courts, and has coached communication skills at the National Institute for Trial Advocacy, Dominican University, Hastings School of Law, U.C. She also holds her Mediation Certification from The Straus Institute For Dispute Resolution at Pepperdine Law. He is a Fellow of the American Bar Association Dispute Resolution Section, where he has served as National conference faculty. He is also a member of The Association for Conflict Resolution and Maricopa County Association of Family Mediators. District Court for Northern California, the California Court of Appeal for the First Appellate District, San Francisco Superior Court, Marin County Superior Court, California Lawyers for the Arts and the Keybridge Foundation.
She served as President of the Northern California Mediation Association for 2 years and as Vice-President of Marin County Women Lawyers.
He holds his Juris Doctorate from Pepperdine University School of Law and Master’s Degree in Dispute Resolution from The Straus Institute at Pepperdine Law. Nancy is a member of the Marin County Bar Association (ADR and Family Law Sections), and is an Advanced Practitioner Member of the Association for Conflict Resolution.



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