“Compare and Contrast Therapy v. Mediation” October 14th, 2015 SIG
1.Define Therapy and Mediation
1.Mediation is the process by which a neutral, impartial person serves as a facilitator of dialogue, with problem-solving techniques, for negotiations between people who are emotional and not able to get through conversation on their own in order to reach specific settlement goals.
2.Therapy is the process by which a professional, who has a healing intent towards his or her client(s)/patient(s), creates a safe place for his or her client(s)/patient(s) to explore themselves and their relationship, and to learn new ways of being that include improving communication about feelings and behaviors.
1.There are many different theoretical orientations for couple’s therapy.
1.In the context of “uncoupling” (pre, during or post separation or divorce) a therapist might find themselves working with:
2.an individual
3.a couple
4.a family
5.an interdisciplinary team comprised of lawyers and financial experts.
2.Define goals of each
1.Mediation goals: To reach a settlement agreement about property, parenting plans, spousal and child support, and anything that may be part of settling the marital estate or parentage aspects of a settlement; and, to make the mediator “obsolete” (no longer necessary to the couple who, in the best case scenario, can now communicate without the help of the mediator) in the finalization of, and aftermath of the legal aspect of the uncoupling process
1.Styles of mediation to help reach the goals
1.Facilitative
2.Evaluative
3.Transformative
2.Therapy goals: Toprovide a safe place for his or her client(s)/patient(s) to explore themselves and their relationship
1.Depends upon theoretical orientation, but often amount to improving the client’s relationships with self, other and the world. In couple’s therapy it’s again theory specific, but amounts to deepening emotional connection (EFT, IMAGO), improving communication (Gottman) and changing habitual and unsatisfying patterns of engagement.
2.There is also something called “discernment counseling” that helps a couple discern whether they should or should not remain in relationship.
///
///
3.Couple’s Therapy Continues While Mediation Proceeds:
1.The mediator helps the couple to negotiate the terms of their Marital Settlement Agreement while the Couple’s Therapist continues to work with the couple to process and contain their emotions.
4.When the mediator is also a therapist: Choice of “hats?”
1.Advantage is the protections mediators enjoy from ever having to testify in a litigated family law matter.
5.Interdisciplinary Models that are used by therapists, lawyers and mediators (who are sometimes also therapists, lawyers and financial specialists).
1.Mediation with interdisciplinary team
2.Collaborative Law model
6.Ethical Issues for Mediators and Therapists who share clients:
1.When can they ethically talk?
7.Crafting your individual approach as therapists and mediators is essential to your success (share approaches)
8.Information on mediation training
1.Southern California Mediation Association
1.
2.Dispute Resolution Program
1.
3.Los Angeles County Bar Association
1.
4.Pepperdine (Straus Institute for Dispute Resolution)
1.
5.Loyola
1.
6.Forrest “Woody” Mosten
1.
7.Ken Cloke (Center for Dispute Resolution)
1.
8.Peace Talks
1.
9.American Institute of Mediation
1.
10.Mediate.com
1.
Therapy / MediationIntake/Assessment / Must assess for DV or SI
Creation of “safe/structured container” / Yes / Yes
“Meet the clients where they are.” / Yes / Yes
•Teach Communication Skills
•“I messages”
•“Active Listening”
•Observation of non-verbal communication / Yes / Yes
Attend to the Client’s Emotions / Yes / Yes
Mandated Reporter? / Yes / No
License Required to Practice? / Yes / No
Immunity from Testifying in Litigated Matter? / No / Yes
Solution-Focused? / Maybe, depends on theoretical orientation / Yes
Written Agreement / Not necessarily. / Usually yes.
1