Basic Training in Divorce Mediation Program
(Sample 6-day Program – Actual may vary)
DAY 1
(Friday – 9 a.m. to 5 p.m.)
9:00 – 11:00 Welcome and introduction to the program:
Types of mediation – brief explanation about collaborative vs. mediation by one
neutral mediator.
Review of various types of ADR – negotiation, mediation, case conferencing.
Active listening skills in dyads – the importance of open and closed questions.
Introduction of Participants. Burning Question & Answers
11:00 15-minute break
11:15 – 12:00 Mediation Techniques – Part 1 – Techniques and Options
12:00 -1:00 Lunch
1:00 – 2:00 Role and Function of the Mediator, with Emphasis on the Initial Session – Panel
Discussion
2:00 – 3:00 Mediation Techniques – Part 2 – Skills and Tools.
3:00 – 3:45 Role Play #1 with Harry & Wendy — 1st
Session – An Ambivalent Couple
(Demonstration by Trainers)
3:45 15-minute break
4:00 – 4:45 Role Play #1 with Harry & Wendy – An Ambivalent Couple — 1st
Session (Small
Groups)
Role plays. Each student will get to be the mediator and observer at some point in the Small
Groups. There will be a coach in every room and a debrief after.
4:45 -5:00 Summary
DAY 2
(Sunday – 9:00 am – 5:00 p.m.)
9:00-10:30 Matrimonial Law — Equitable Distribution
Marital vs. Separate Property
Equal vs. Equitable Distribution
10:30-11:30 Mediation Techniques – Part 3
11:30 15-minute Break
11:45-12:30 Mediator Bias – Panel Discussion
Definition
Effect
12:30-1:30 Lunch
1:30-2:30 Decision Making: Joint vs. Sole Custody
Medical
Child-care
Educational
Children with special needs
Religious issues
Developmental decisions
2:30 – 3:30 Scheduling Issues
Weekly
Holidays and Vacations
Summer
Special Days
3:30 15-Minute Break
3:45-4:45 Role Play #2 with Harry & Wendy – 3rd
Session- Parenting Plan
4:45 – 5:00. Summary and closing
DAY 3
(Friday – 9 a.m. to 5 p.m.)
9:00 – 10:30 Spousal Maintenance
Two formulas & shortcut
Calculating income, applying income cap
Duration, deviation, retirement
Child Support
Understanding and using the New York Guidelines
Introduction to Homework
10:30 – 11:15 Flow of Mediation – Panel Discussion
11:15 15-minute break
11:30 – 12:30 Retirement Plans Part I
12:30 – 1:30 Lunch
1:30 – 3:30 Domestic Violence – Concepts and Screening
Power & control
“Why she doesn’t leave”
Is mediation appropriate?
Screening for client and mediator safety
3:30 15-minute Break
3:45 – 4:15 Developmental Issues
Wallerstein’s stages
Telling children
Introducing Romantic Partners
4:15 – 4:45 Regression, Family Life Cycle and the Divorce Adjustment Process
5:45 – 5:00 Summary
DAY 4
(Sunday – 9 a.m. to 5 p.m.)
9:00 – 10:00 Retirement Plans — Part II Pensions, IRA’s, Social Security
10:00 – 10:45 Role Play #3 with Harry & Wendy – 5th
Mediation Session: Equitable
Distribution, Marital Residence (Demonstration by Trainers)
10:45 15-minute break
11:00 – 11:30 Role Play #3 with Harry & Wendy – 5th
Mediation Session: Equitable
Distribution, Marital Residence (Small Groups)
11:30 – 12:30 Taxes and Divorce
Filing Status
Exemptions and Child Tax credit
Capital Gains
12:30 – 1:30 Lunch
1:30 – 2:45 Child Support: Expense Sharing
2:45 – 3:45 Role Play #4 with Harry & Wendy — 7th
Session: Equitable Distribution,
Retirement Assets. (Small Groups)
3:45 15-minute break
3:45 – 4:45 Special Issues of Relocation, including a Role Play (Demonstration by Trainers)
4:45 – 5:00 Summary and closing
DAY 5
(Friday – 9:00-5:00)
9:00-9:45 Child Support Homework review, Spousal Maintenance, and other legal issues
question and answer time
9:45-11:00 Memorandums of Understanding & Separation Agreements:
Drafting memos
Working with lawyers
11:00 15-minute break
11:15-12:00 Role Play #5 with Harry & Wendy — 9th Session: Child Support: Expense
Sharing (Demonstration by Trainers)
12:00-1:00 Lunch
1:00 -2:00 Role Play #5 with Harry & Wendy — 9th Session – Child Support: Expense
Sharing (Small Groups)
2:00-3:00 Custody Law
3:00-3:30 Grounds & Fault
3:30 – 4:30 Breaking Impasse in High Conflict Couples
4:30-5:00 Summary
DAY 6
(Sunday – 9 a.m. to 5 p.m.)
9:00 – 10:00 Ethical Issues & Contact with Others
Subject matter considerations – divorce, separation, custody.
Emotional aspects of separation and divorce on adults and children.
Code of conduct/Ethical Standards for each profession.
Party self-determination, mediator impartiality, mediator competence, and
confidentiality.
Exceptions to the rules.
Conflicts of interest.
Contact with others (Attorneys, Psychotherapists, Other Professionals, Family
Member
APFM & NYS Council Guidelines
10:00-10:30 Break- out groups: Lawyers & Non-Lawyers:
Ethical considerations: Discussion of each profession’s code of professional
responsibility for provisions that may apply when serving as neutral or mediator.
10:30 15-minute break
10:45 – 11:15 Central Role of “The House” in Mediation
11:15 – 11:45 How To Read a Tax Return
11:45 15-minute break to prepare lunch
12:00 – 1:00 Lunch together as a group: Marketing On-Line with Vik Rajan
1:00 – 2:00 Role Play #6 with Harry & Wendy — 11th
(Last) Session: Taxes (Small Groups)
Taxes: Exemptions, Deductions & Prior Returns
Predictable future problems
2:00 15-minute break
2:15 – 3:00 Setting Up a Mediation Practice — Panel Discussion
Fees, Forms, Insurance, Accreditation, etc.
What contracts should be signed pre-mediation, and what should be included in
the contract.
How much to address in writing in every case vs. letting the mediation flow
organically.
– 7-
3:00 -4:00 Online Marketing – Panel Discussion with Woody Mosten
4:00 – 4:45 Small Group` discussions
4:45 – 5:00 Summary, Review, Closing and Evaluation