Divorce and Family Mediation

Models, Techniques, and Applications

Edited by Jay Folberg, Ann L. Milne, and Peter Salem

May 12, 2004
ISBN 9781593850029
Price: $83.00
588 Pages
Size: 6⅛" x 9¼"

Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.

“A comprehensive text for practitioners and educators in the fields of divorce and family mediation....This book is well written, covers many important topics, and appeals to both practitioners and educators....Advanced-level practitioners will find it an excellent review....Represents an excellent contribution to the literature on divorce and family mediation.”

The Family Journal

“A comprehensive overview of family mediation that exposes readers to a variety of styles and intervention strategies....If this text were supplemental reading for mediators in training, our future mediators would have greater exposure to other perspectives, allowing them to modify their approach based upon the unique needs of families rather than hold to a purist's narrow view.”

Journal of Couple & Relationship Therapy

“The chapter authors are leaders and innovators in family mediation, and professionals who work in social work, psychology, law, family health, and psychiatry. The editors have done a superb job in merging diverse writing styles and making certain that language which is particular to one discipline is translated so that all disciplines can understand it. This is a book which is practical and which will be useful to students as well as experienced practitioners in a field that is expanding and changing. I have no doubt that it is a historic landmark text, one which will be cited many times in the future.”

Bulletin of the Menninger Clinic

“Folberg et al. have gathered into one comprehensive volume the experience, conceptual frameworks, and opinions of a large group of leaders who have emerged in the family mediation field over the past 25 years. These interdisciplinary authors provide in-depth views of multiple aspects of contemporary family and divorce mediation. Examined are different mediation models that are now practiced in diverse settings; techniques and strategies for managing communication, power, impasses, and common elements of the mediation process; and ways to deal with such special issues as domestic violence and working with children. This book will be enormously useful to students of dispute resolution, mediation trainers, and novice and experienced mediators seeking more clarity in an ever-expanding and changing field.”

—Joan B. Kelly, PhD, psychologist and past president, Academy of Family Mediators

“A terrific book—easily the best, most comprehensive text of its kind that I have seen. Having participated in the first family mediation in the Los Angeles County Conciliation Court in the early 1970's, I think this text marks the maturation of family mediation and defines it as an established profession. Included are contributions from most of the most respected and successful family mediators, beginning with basic theory and leading up to tangible advice about establishing a practice. Because of its breadth and depth, this is an excellent introductory text. It would be my first choice as a text in the training program for mediators we developed when I was the director of the Oregon Family Institute. It could also be used in courses dealing with families in transition within schools of social work or law and within a range of programs in mental health.”

—Hugh McIsaac, LCSW, Director (ret.), Oregon Family Institute, past Editor, Family and Conciliation Courts Review

“A landmark work in the field of conflict resolution. The authors, premier practitioners in family mediation, present a comprehensive overview of theories and approaches that can be successfully applied to resolve domestic disputes. They also share practical and effective strategies for addressing thorny issues, reaching agreements, and transforming conflict relationships for the good. This book should be read by experienced family mediators, and is highly suitable as an academic text to train the next generation of intermediaries.”

—Christopher Moore, PhD, author of The Mediation Process

Table of Contents

I. Introduction to Family and Divorce Mediation

1. The Evolution of Family and Divorce Mediation: An Overview, Ann L. Milne, Jay Folberg, and Peter Salem

II. Models of Practice

2. Facilitative Mediation, Bernard Mayer

3. Transformative Mediation: Changing the Quality of Family Conflict Interaction, Robert A. Baruch Bush and Sally Ganong Pope

4. Evaluative Mediation, Randolph Lowry

5. Therapeutic Mediation with High-Conflict Parents: Effective Models and Strategies, Marsha Kline Pruett and Janet R. Johnston

6. Hybrid Processes, Arnold Shienvold

III. Mediation Techniques and Interventions

7. The Plan to Separately Parent Children after Divorce, Marilyn S. McKnight and Stephen K. Erickson

8. Working with Children in Mediation, Donald T. Saposnek

9. Mediating Financial Issues: Theoretical Framework and Practical Applications, Chip Rose

10. Understanding and Responding to Power in Mediation, Michael Lang

11. Managing the Communication Process in Mediation, Nina R. Meierding

12. Strategies for Managing Impasses, Robert D. Benjamin

IV. Special Applications and Considerations

13. Mediation with Parents Who Did Not Marry Each Other, Joan K. Raisner

14. Mediation and Domestic Abuse, Ann L. Milne

15. Mediating with Blended Families, Lynn Carp Jacob

16. Mediating Separation of Same-Sex Couples, Allan Barsky

17. Mediating in the Shadow of an Affair, Emily M. Brown

V. Mediation in the Court Context

18. Court-Based Mandatory Mediation: Special Considerations, Isolina Ricci

19. Reconciling Self-Determination, Coercion, and Settlement in Court-Connected Mediation, Nancy A. Welsh

VI. Developing the Profession

20. Research on the Impact of Family Mediation, Connie J. A. Beck, Bruce D. Sales, and Robert E. Emery

21. Certifying Mediators, Peggy English and Linda C. Neilson

22. The Model Standards of Practice for Family and Divorce Mediation, Andrew Schepard

23. Establishing a Mediation Practice, Forrest S. Mosten

24. Divorce Mediation and the Internet, James C. Melamed

About the Editors

Jay Folberg is Professor and former Dean at the University of San Francisco School of Law. He served as president of the Association of Family and Conciliation Courts and the Academy of Family Mediators, as well as chair of the ADR Section of the Association of American Law Schools. Professor Folberg was honored by the California Judicial Council for his leadership in alternative dispute resolution and received the Academy of Family Mediators' Distinguished Mediator Award and the Mediation Society's Distinguished Contribution to Mediation Award.

Ann L. Milne is in private practice in Madison, Wisconsin, as a family and divorce mediator. She served as Executive Director of the Association of Family and Conciliation Courts and is currently on the faculty of the Department of Professional Development and Applied Studies at the University of Wisconsin.

Peter Salem is Executive Director of the Association of Family and Conciliation Courts and teaches mediation at Marquette University Law School. He formerly served as director and mediator at Mediation and Family Court Services in Rock County, Wisconsin. Mr. Salem has produced educational and training videotapes on mediation and divorce.


Allan E. Barsky, JD, MSW, PhD, School of Social Work, Florida Atlantic Univ., Boca Raton, FL

Connie J. A. Beck, PhD, Psychology and Law Program, Dept. of Psychology, Univ. of Arizona, Tucson, AZ

Robert D. Benjamin, MSW, JD, Mediation and Conflict Management Services, Portland, Oregon; Straus Institute for Dispute Resolution, Pepperdine Univ. School of Law, Malibu, CA

Emily M. Brown, MSW, Key Bridge Therapy and Mediation Center, Arlington, VA

Robert A. Baruch Bush, JD, School of Law, Hofstra Univ., Hempstead, NY

Robert E. Emery, PhD, Dept. of Psychology, Univ. of Virginia, Charlottesville, VA

Peggy English, BScN, MEd, Cert FRM (FMC), Mediation practitioner, assessor, and trainer, Vancouver, British Columbia, Canada

Stephen K. Erickson, JD, Erickson Mediation Institute, Bloomington, MN

Jay Folberg, JD, School of Law, Univ. of San Francisco School of Law, San Francisco, CA

Lynn Carp Jacob, MSW, Chicago Center for Family Health, Univ. of Chicago, Chicago, IL

Janet R. Johnston, PhD, Dept. of Administration of Justice, San Jose State Univ., San Jose, CA

Michael Lang, JD, The Graduate School at Sullivan University, Louisville, KY

L. Randolph Lowry, MPA, JD, Straus Institute for Dispute Resolution, Pepperdine Univ. School of Law, Malibu, CA

Bernard Mayer, PhD, CDR Associates, Boulder, CO

Marilyn S. McKnight, MA, Erickson Mediation Institute, Bloomington, MN

Nina R. Meierding, MS, JD, Mediation Center for Family Law, Ventura, CA

James C. Melamed, JD, Oregon Mediation Center, Inc., Eugene, OR

Ann L. Milne, ACSW, Ann L. Milne and Associates, Madison, WI

Forrest S. Mosten, JD, Mosten Mediation Training, Los Angeles, CA

Linda C. Neilson, LLB, PhD, Dept. of Sociology/Law in Society, Univ. of New Brunswick, Fredericton, New Brunswick, Canada

Sally Ganong Pope, MEd, JD, Sally Pope and Associates, New York, NY

Marsha Kline Pruett, PhD, MSL, Division of Law and Psychiatry, Dept. of Psychiatry, Yale Univ. School of Medicine, and the Yale Child Study Center, New Haven, CT

Joan K. Raisner, MS, MA, Marriage and Family Counseling Service, Chicago, IL

Isolina Ricci, PhD, New Family Center, Tiburon, California

Chip Rose, JD, The Mediation Center, Santa Cruz, CA

Peter Salem, MA, Association of Family and Conciliation Courts, Madison, WI

Bruce D. Sales, PhD, JD, Psychology and Law Program, Dept. of Psychology, Univ. of Arizona, Tucson, AZ

Donald T. Saposnek, PhD, Dept. of Psychology, Univ. of California—Santa Cruz, Santa Cruz, CA

Andrew Schepard, MA, JD, School of Law, Hofstra Univ., Hempstead, NY

Arnold Shienvold, PhD, Cultural Pennsylvania Mediation Services, Inc., Harrisburg, PA

Nancy A. Welsh, JD, Dickinson School of Law, Pennsylvania State Univ., Carlisle, PA


Clinical social workers, psychologists, psychiatrists, counselors, family therapists, and others working with families going through divorce and custody proceedings; also of interest to family attorneys and family court judges.

Course Use

Serves a text in graduate-level courses in family mediation within social work, clinical psychology, and family therapy programs, as well as within schools of law.