Family Mediation
CMP 762
Duane Ruth-Heffelbower, MDiv, JD
3 Units
Fall Semester 2002. Tuesdays 6:00-9:00 P.M. beginning August 27, 2002 through December 10, 2002. Place on the FPU campus to be announced. This course is also offered in modified form as a tutorial by permission of the instructor.
This course is available for graduate credit through Fresno Pacific University Graduate School and Mennonite Brethren Biblical Seminary. We certify that this activity has been approved for MCLE credit by the State Bar of California.
Syllabus
Family Mediation CMP 762, FP 762
Fresno Pacific University Graduate School Program in Conflict Management and Peacemaking CMP 762 and Mennonite Brethren Biblical Seminary Marriage and Family Program MF 635.
Instructor: Duane Ruth-Heffelbower, M.Div., J.D.; 559-455-5840; fax 252-4800; duanerh@fresno.edu. Office in the Center for Peacemaking and Conflict Studies. The current edition of this syllabus is always available here.
Family Mediation
"Family mediation" in North America most often means formal divorce mediation, and then most frequently refers to child custody and visitation mediation/arbitration by a court officer. Family mediation can also be a valuable tool for maintaining intact families and for making better the life of an extended family. There are many family issues amenable to mediation, and mediation skills can improve family life. At this point in history the greatest call for formal neutral third parties occurs in divorce or pre-divorce settings. This course will cover mediation as a family life skill, as a method for maintaining intact families, and as a method for handling the issues which arise in divorce or separation. The course will be designed to apply to counselors, pastors, attorneys and to persons in other helping professions, as well as to persons preparing for a career as a neutral. Background in family law will not be presumed, and basic California family law will be covered. Students planning to practice in other jurisdictions will want to familiarize themselves with the family law of that jurisdiction. Case studies and mock processes will be used to experience mediation in family life.
The course is available as a 3 graduate unit course, with permission of the instructor for less than three units, depending on the student's background and interests. Those taking the course for MCLE credit receive units for the number of class hours present, to a maximum of 36.
The former Academy of Family Mediators 30 hour basic mediation training program requirements are intended by the instructor to be fulfilled by this course. With the merger of AFM into the new Association for Conflict Resolution those requirements are under review. The instructor is an Advanced Practitioner Member of the Association for Conflict Resolution and was a Practitioner Member and Approved Consultant of the Academy of Family Mediators prior to its merger with ACR in 2001.
The first unit, which focuses on mediation theory and skills, is a pre-requisite for the remaining units. This pre-requisite can also be met by taking Basic Institute in Conflict Management & Mediation (CMP 700) or Introduction to Alternative Dispute Resolution (CMP 710). Meeting the pre-requisites and taking the course for two units would not result in satisfying the requirements of the AFM 30 hour basic course, since elements designed to meet AFM requirements are not included in the Basic Institute or Intro ADR.
The second unit focuses on issues surrounding termination of marriage, including both legal and emotional aspects, and the mediator's approach to both.
The third unit focuses on maintenance of intact families and restoration of separated families. The counseling style will predominate.
It is recommended that students attend all class sessions regardless of the number of units they have enrolled for. There will be inevitable overlap and each session builds on the previous sessions. Written work and reading will vary depending on the number of units selected. Reading requirements are 500 pages per unit from the bibliography or other material approved in advance by the instructor. Due to the use of role plays, and other interactive methods, absences will be difficult to overcome. Students should plan to attend all sessions. A typical session will be no more than half lecture.
Fresno Pacific University is committed to meeting the special needs of individuals with disabilities. If you have such needs please refer to the University Catalog where policies and procedures for arranging services and accommodations are found.
Required texts:
- Lovenheim, Peter (1996). How to Mediate Your Dispute. Berkeley: Nolo Press.
- Sherman, Ed (current). How to do Your Own Divorce in California. Berkeley: Nolo Occidental.
- Taylor, Alison (2002). The Handbook of Family Dispute Resolution: Mediation Theory and Practice.
Recommended texts:
See attached bibliography. There are a large number of useful books in the fields of sociology, counseling and law. The attached bibliography is of books both useful and available in Hiebert Library. The listed articles from Mediation Quarterly are illustrative only, and the bound volumes of that journal are both useful and available to you. Mennonite Brethren Biblical Seminary students may want to review the bibliography from the Family Counseling course offered there. The attached bibliography focuses on mediation rather than counseling or law. There are several self-help divorce books with forms and instructions. Any of the large bookstores carry a selection. The Nolo Press selection is quite inclusive.
Grading:
Grades are based 80% on written work and 20% on class participation. Of the written work, the final exam is 30%. All written work is typed double-spaced, 12 point or larger type, one inch margins, run through spell checker, and preferably run through grammar checker.
The basic layout of the course's three units is as follows:
Unit I. Theory and practice of mediation.
Unit II. Mediation skills in marital terminations.
Unit III. Mediation skills for better family life.
The daily plan for the course follows. The plan is subject to change with notice, but not much notice. More or less time may be spent in an area based on the needs of the class.
Unit I. Theory and Practice of Family Mediation
Week 1
- Family dynamics:
- basic concepts of family systems/dynamics, including family life cycles
- relevant sociological, psychological and communication theories
- family violence
- family economics
- Introduction to family law
Assignment due next class: Read Chapter one of Taylor and read chapters 1 and 2 of Friedman, Generation to Generation, which is reproduced in your handouts. Produce a genogram for your family including at least your grandparents. This may be hand drawn and lettered. Identify a conflict theme which emerges in several generations.
Week 2
- Discussion of family dynamics, with related law and economics issues, continued.
- Mediation, Negotiation and Conflict Management Theory.
Assignment for next time: Finish your genogram. Read How to Mediate Your Dispute.
Week 3
- Mediation, Negotiation and Conflict Management Theory cont.
- Information Gathering lecture and role play
- Clients
- intake
- screening for appropriateness/abuse
- contracting for services
- performing needs assessment
- Issues
- questioning
- setting the agenda/prioritizing
- identifying and screening issues
- exploring client interests/concerns
- Retaining, recording and monitoring data
- Dealing with complex factual materials
- Clients
Assignment for next time: Read Taylor Chapter 2-4 and write a 2-3 page response to chapters 1-3.
Week 4
- Conclude exercise from last time
- Relationship skills and knowledge lecture and role play
- Establishing neutrality and impartiality
- Forming relationships/building support
- Establishing trust
- Setting a cooperative tone
- Listening and questioning
- Empowering parties
- Staying non-judgmental
- Developing empathy
Assignment for next time: Bring How to Do Your Own Divorce. Read Taylor chapters 5-8 and write a 2-3 page response.
Unit II. Mediation skills in marital terminations.
Week 5
- The divorce process
- Communication skills and knowledge
- Identifying areas of consensus and disagreement
- Paraphrasing
- Confronting
- Attending to non-verbal communication
- Clarifying
- Balancing Communication
- Being respectful of the parties
Assignment for next time: Read Taylor chapters 9-10 and write a response to your reading, maximum two pages.
Assignment due before Week 6: Attend the Family Court law and motion calendar for at least one hour, and write a two page response. Attend the Family Support Department law and motion calendar for at least one hour and write a two page response.
Week 6
- Problem solving skills and knowledge
- Identifying and analyzing problems and needs
- Converting positions into needs/interests
- Framing and narrowing issues
- Identifying principles and criteria to assist in decision-making
- Designing and testing temporary plans
- Developing and evaluating options/brainstorming
- Testing reality
- Assisting parties in identifying alternatives to a mediated agreement
- Questioning
Assignment for next time: None.
Week 7
- Family law cont.
- Ethical decision-making and values skills and knowledge
- Understanding AFM/ACR and other standards of mediation practice
- Not imposing personal/professional values
- Ensuring voluntary agreements and participation
- Being sensitive to parties' values/culture
- Establishing and maintaining the parties' rights to self-determination
- Ensuring parties' abilities to negotiate for themselves
- Establishing a commitment to honest disclosure / California disclosure statutes
- Recognizing responsibilities to parties not present
- Dealing with commonly encountered ethical dilemmas
Assignment for next time: None.
Week 8
- Mediator licensing
- Divorce mediation wrap-up
Assignment for next time: Finish Taylor.
Unit III. Mediation skills for better family life.
Week 9
- Professional skills and knowledge
- Drafting memoranda
- Working with experts
- Using self as a barometer for understanding client reactions
- Case Management
- Referring Cases
- Knowing community services and legal resources
- Family dynamics revisited
- Areas of family life amenable to mediation
Assignment for next time: None.
Week 10
- Counseling vs mediation in family conflict
- Conflicts of interest
- Alternatives for handling family issues
- The co-mediation model
- Conciliation
- Begin Estate case role play
Depending on the size of the class, we may need to draft some actors.
Assignment for next time: Reading report showing 500 pages per unit read.
Week 11
- Role play, the estate case.
Final Exam
Written essay exam, based on the final role play. Open notes and books.
Fresno Pacific University is committed to meeting the special needs of individuals with disabilities. If you have such needs please refer to the University Catalog where policies and procedures for arranging services and accommodations are found.
Family Mediation Course Bibliography
All items available in Hiebert Library.
Blackman, J. (1989). Intimate Violence: a Study of Injustice. New York: Columbia University Press.
Blau, Melinda. (1993). Families Apart: Ten Keys to Successful Co-parenting. New York: G.P. Putnam's Sons.
Clapp, G. (1992). Divorce and New Beginnings: an Authoritative Guide to Recovery and Growth, Solo Parenting, and Stepfamilies. New York: John Wiley & Sons.
Coulson, Robert (1996). Family Mediation (2 ed.). San Francisco: Jossey-Bass Publishers.
Donohue, W.A. (1991). Communication, Marital Dispute, and Divorce Mediation. Hillsdale: Lawrence Erlbaum Associates.
Emery, R.E. (1994). Renegotiating Family Relationships: Divorce, Child Custody, and Mediation. New York: The Guilford Press.
Erickson, S.K., & Erickson, M.S.M. (1988). Family Mediation Casebook: Theory and Process. New York: Brunner/Mazel.
Fisher, R. and Brown, S. (1988). Getting Together: Building Relationships as We Negotiate. New York: Viking.
Fisher, R. and Ury, W. (1991). Getting to Yes. New York: Viking.
Gold, L. (1992). Between Love and Hate: a Guide to Civilized Divorce. New York: Plenum Press.
Haynes, J.M., & Haynes, G.L. (1989). Mediating Divorce: Casebook of Strategies for Successful Family Negotiations. San Francisco: Jossey-Bass Publishers.
Haynes, J.M. (1994). The Fundamentals of Family Mediation. New York: State University of New York Press.
James, Paula. (1997). The Divorce Mediation Handbook. San Francisco: Jossey-Bass Publishers.
Johnston, Janet R. and Campbell, Linda E.G. (1988). Impasses of Divorce. New York: The Free Press.
Landau, B., Bartoletti, M., & Mesbur, R. (1987). Family Mediation Handbook. Toronto: Butterworths. This book has a Canadian focus.
Lansky, V. (1989). Vicki Lansky's Divorce Book for Parents. New York: Signet.
Lemmon, J.A., ed. (1984). Community Mediation. Mediation Quarterly, 5.
-- (1983). Dimensions and Practice of Divorce Mediation. Mediation Quarterly, 1.
-- (1986). Emerging Roles in Divorce Mediation. Mediation Quarterly, 12.
-- (1984). Ethics, Standards, and Professional Challenges. Mediation Quarterly, 4.
-- (1985). Evaluative Criteria and Outcomes in Mediation. Mediation Quarterly, 10.
-- (1985). Mediating Between Family Members. Mediation Quarterly, 7.
-- (1984). Procedures for Guiding the Divorce Mediation Process. Mediation Quarterly, 6.
-- (1984). Reaching Effective Agreements. Mediation Quarterly, 3.
-- (1983). Successful Techniques for Mediating Family Breakup. Mediation Quarterly, 2.
Lovenheim, Peter (1996). How to Mediate Your Dispute. Berkeley: Nolo Press.
Maccoby, Eleanor E. and Mnookin, Robert H. (1992). Dividing the Child. Cambridge: Harvard University Press.
Marsh, Peter and Crow, Gill (1998). Family Group Conferences in Child Welfare. Oxford: Blackwell Science.
Moore, C.W., ed. (1987). Practical Strategies for the Phases of Mediation. Mediation Quarterly, 16.
Payne, Brian K. and Gainey, Randy R. (2002) Family Violence and Criminal Justice: A Life-Course Approach. Cincinnatti: Anderson Publishing Co.
Phillips, R. (1991). Untying the Knot: a Short History of Divorce. New York: Canto.
Pleck, E. (1987). Domestic Tyranny. New York: Oxford Press.
Saposnek, D.T., ed. (1986). Applying Family Therapy Perspectives to Mediation. Mediation Quarterly, 14/15.
Shulman, Diana. (1996) Co-Parenting After Divorce. Sherman Oaks, CA: WinnSpeed Press.
Only available in the PACS library
McKnight, Marilyn S. and Erickson, Stephen K. (1999). Mediating Divorce. San Francisco: Jossey-Bass Publishers.
Last modified October 4, 2002. Page constructed and maintained by Duane Ruth-Heffelbower
Center for Peacemaking and Conflict Studies
Fresno Pacific University
1717 S. Chestnut Avenue
Fresno, CA 93702
559-455-5840, fax 559-252-4800
800-909-8677