Oregon Mediation Center

Gender Bias in ADR (3/08/10)
Diane J. Levin, Victoria Pynchon
This is the list of blog postings compiled by Diane Levine and Victoria Pynchon on Gender Bias in ADR which have been posted in celebration of International Women's Day and Women's History Month.

The Benefits Of Facilitated Meetings In Guardianships And Conservatorships: A Case Study (3/08/10)
Oran Kaufman
I recently was involved in a case involving an elder with dementia that is a wonderful case study and a great example of the benefits of an early intervention/facilitated family meeting. The names and some of the facts have been changed to protect the identity of those involved.

The Case For Caucuses (3/08/10)
Miriam L. Zimmerman
A response to Laurie Israel’s January 10, 2010 article, “To Caucus or not to Caucus – That is the Question,” that includes reasons why mediators should embrace the resources of the caucus. Two divorce mediators require caucuses with each party as part of their process. Reasons to caucus include obtaining clearer information about the dynamics of the relationship, understanding the separate perspectives each brings to the mediation table, discovering sensitive issues such as abuse or intimidation that might not otherwise surface until too late, and more.

AFCC Wins ASAE’s 2010 Award of Excellence (3/08/10)
AFCC
Association of Family and Conciliation Courts (AFCC) is one of only 13 organizations nationally to receive an Award of Excellence in the first round of the 2010 Associations Advance America (AAA) Awards.

Video Pick: Quality Mediation Takes Time (3/07/10)
Ann Milne
Mediators have an obligation to educate future mediators and the public about mediation and this is a process that takes time; some courts put pressure on mediators to settle in a certain number of sessions and this creates muscle mediation, or forcing the parties into settlement.

“We Do” Are The Magic Words In Conflict Amongst Couples (2/15/10)
Steve Mehta
In honor of Valentine’s day, I thought we might look at conflict resolution between people in love. New research has found that despite the fact that people often dislike when other couples use the royal “we” to describe themselves, those couples are actually using tools to help resolve conflict.

Valentine's Day: Hearts & Flowers Or Darts & Revenge (2/07/10)
Jeff Murphy
Valentine's Day serves as a reminder of broken relationships. Divorced people are often angry and want revenge. Mediation gives the parties an opportunity to vent while allowing them to preserve the relationship. This is especially important if children are involved. This article includes comments from a divorce attorney and a therapist on how to handle divorce and Valentine's Day.

Parenting Plans For Special Needs Children (2/01/10)
Dr. Lynne C. Halem
All parenting situations are not the same. In particular, in families of children with special needs, the parenting plan needs to be crafted with great care. Here, parents need to think and re-think child-related situations that over the years have most challenged their coping mechanisms and include provisions for their interaction and oversight that deal specifically with these very targeted issues.

Family Mediation Pilot Gets Mixed Results (1/25/10)
Jeff Thompson
This article I think is worth reading for many reasons- and beyond just for family mediators. Issues such as saving, accrediting mediators and determining success is not limited to court mediations surrounding family issues.

Update on Christian Teen Who Ran Away from Muslim Family (1/19/10)
Keith Seat

The teenager who ran away to Florida from her Muslim family who she said threatened to harm her for converting to Christianity has returned to Ohio. At a court hearing, an Ohio judge rejected the family’s request for mediation without attorneys present, and agreed with the girl’s attorney to continue with counseling and delay mediation.

SNP Online.com (December 23, 2009)

Mediation For Seniors (1/05/10)
Norman Pickell
As seniors grow older, decisions often need to be made about where to live, should the senior continue to drive, how should financial affairs be managed and what kind of medical care is appropriate. These are tough emotional decisions often requiring difficult conversations within a family.

10 Ways For Divorcing Families To Enjoy The Holidays (1/04/10)
Linda Gryczan
All families experience additional stress during celebrations and holidays, but divorced families can be pushed to the limit. We are headed into a time when everyone is expected to be happy and full of good cheer, and maybe your heart is in shreds, the kids are fighting, and you are flat broke. 10 Ways for Divorcing Families to Enjoy the Holidays offers suggestions on how to agree on a schedule; simplify celebrations; keep conflict to a minimum; plan for alone time and incorporate new traditions.

A Great Weight Can Be Lifted: Another Advantage Of Marital Mediation (1/04/10)
John Fiske
This article focuses on the benefits of marital mediation as an alternative to trying to deal with “Antenuptial Agreements” presented to you two weeks before the wedding during the Christmas holidays!

Business Divorce Mediation (1/04/10)
Richard Lutringer
This article addresses how mediators can assist ordinary business owners and their counsel to resolve split-up issues more efficiently and fairly than litigation or arbitration.

Mediating A Custody Crisis Can Be Better Than Going Back To Court (12/21/09)
Cynthia M. Fox
When professional mediation can’t bring the disputants together, then the last and least attractive option is going back to court.

Divorce Mediation: Tackling The Division Of Retirement Savings (12/15/09)
Dr. Lynne C. Halem
Who gets what in a divorce action is rarely an easy question or a foregone conclusion. Interestingly, of all the holdings acquired during a marriage, psychologically and financially, the assets most difficult to divide are retirement funds.

Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth (12/08/09)
Jay Folberg
Of all of the cases I have mediated over the past 30 years, the most challenging and rewarding disputes have been those between family members over family property, estates, trusts and businesses.

Simple Mediation Methods Can Help Children Resolve Disputes (12/07/09)
Michael Lang
Ah, the joys of parenting. Did we sign up for this? Who said we would need to be referees? Parenting was supposed to be about loving, nurturing and educating our children. I can’t tell you the number of times my three children would squabble about food, toys, space or (most contentious of all) control of the TV remote. So, when these arguments happen, and they will, what’s a parent to do?

Tiger Woods’ Mediation Of His Prenuptial Agreement Post Affair (12/07/09)
Steve Mehta
I saw an article by sports writer Kevin Hench about a hypothetical mediation with Tiger Woods and his wife about their prenuptial negotiations, with Wedding Crashers as the backdrop. I thought it was interesting, and thought you might enjoy.

Turning Parents Into People (11/30/09)
Michael Jacobs
In the world of family mediation, the ‘best interests of the children’ often take central stage. There is much to argue for in this position. While not ignoring the voice of the child, we may also need to spend time reflecting on what it might mean to also work in the ‘best interests of adults’.

Mediation As An Alternative To Therapy (11/30/09)
Diane Cohen
I was drawn to mediation because of what I saw as its unique ability to create greater happiness. I saw it as an alternative to therapy in many ways that was more suitable for people who were not mentally ill and who did not feel they needed to be diagnosed and treated, but to be understood and have their needs and desires addressed.

Same-Sex Couples: When Divorce Isn’t An Option (11/30/09)
Arnold W. Zeman
Since 1995, same-sex couples have had full marriage rights in Canada. Since these rights are not available in many U.S. states, American couples have travelled to Canada to get married. So far so good. What happens, though, in the event that marriages of non-Canadian same-sex couples break down?

Divorcing Couples Can Save A Lot Of Money With Mediation (11/23/09)
Cynthia M. Fox
One of the hardest things about divorce is its cost, not just emotionally and psychologically, but in cold hard cash. A typical scenario is a husband, wife and two attorneys. Add the expense of outside experts if there are disputes over who can better parent their children or the valuation of an asset such as a business that one or both owns, and the bottom line is fees well into five figures for each party.

How Not To Kill Your Relatives This Thanksgiving (11/23/09)
Victoria Pynchon
I kicked off a recent Thanksgiving holiday season by having an argument with my friend and neighbor the rocket scientist about extraordinary rendition and the effect of immigrant workers on the economy. I knew I'd lost all sense of perspective around midnight as I continued searching for and emailing Tony articles that proved me right, while Mr. Thrifty snored softly beside me, intermittently awakening to say "I thought you said you were going to go to sleep?" Embarrassing, but true.

Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case (11/09/09)
Victoria VanBuren
The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable.