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Recent Posts in Mediation Models Category
| February 11, 2012 |
| Announcing WEBSITE DESIGN and SEO For Mediators By Thurman Arnold |
| Posted By Thurman W. Arnold, III |
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Website Design, Development and Optimization for
Divorce and Family Law Mediation
This blog article is written for anyone who is a mediator, or who is beginning to seriously consider making the commitment to establishing a mediation practice within their community. In order to be successful, you need to be visible to the public you would serve. However, for most legal professionals how to accomplish that visibility on the Web is a deep mystery.
I believe so passionately in mediation as a highly productive, relatively inexpensive, and richly satisfying alternative to family court litigation that I want to do everything within my sphere of influence to popularize it, including helping other lawyer-mediators and nonlawyer mediators to establish and develop their own dispute resolution practices. The internet is an incredible tool for reaching out to legal consumers and educating them about the availability and benefits of this option. It is an excellent setting for showcasing our own mediation philosophies and styles. Those of us who love to mediate because of the positive differences it makes in people's lives - and in our own professional practices to the extent that we divorce attorneys become an active part of the solution, rather than problem generators - have the opportunity and possibly even the responsibility to do everything we can to have an on-line conversation with disputants about the economic and emotional perils of adversary litigation. Mediator websites are a powerful platform from which to begin that dialogue. Not only do our on-line identities represent an ethical vehicle for attracting business and so earning a living, they are tools for change in how society, and people at the end of relationship in particular, make choices about what we value. If we value relationship warfare, that is what we will experience together with all the harm it causes ourselves and others. If people recognize that it is natural to be conflicted and reactive when the emotional and economic relationship implodes, but that it is possible to manage those feelings and to choose not to let them rule our lives, then another world of choices and outcomes opens up. The goal of dissolution related mediation is to alleviate human suffering, one couple at a time.
For these reasons I've decided to offer my services to legal and mental health professionals who wish to develop a sophisticated on-line presence in the field of divorce and family law mediation. After having invested hundreds and hundreds of hours developing my own sites, and sites for others (including two nationally recognized mediation trainers), I have gained a powerful intimacy with how Google and other search engines operate. I want to apply that expertise to your advantage. I can assist you with website design, in choosing and negotiating with the right website design company (for instance, Scorpion Designs), with important feedback concerning whether to incur costs with website developers like Findlaw.com and Mediate.com, and with search engine optimization techniques and content writing. My websites speak for themselves (please feel free to browse the links at the bottom of this page, and www.LosAngelesFamilyMediationServices.com). And they speak to potential mediation clients 24/7.
If you wish to know more about the types of services I can offer you, and the reasons why utilizing these services will have a far higher impact on your customer base and the success of your mediation practices, please visit me at www.FamilyLawSEOSpecialists.com.
Thurman Arnold, III
Mediation Website Design and Optimization
Email:
twarnold@verizon.net
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| February 07, 2012 |
| GARY FRIEDMAN to Teach RIVERSIDE County Attorneys Mediation Skills at Upcoming Workshop |
| Posted By Desert Family Mediation Services |
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I am pleased to be this year's Chair of the Desert Bar Association's Family Law Section (FLS). Together with Barrie Roberts, Alternative Dispute Resolution (ADR) Director for the Riverside County Superior Courts, FLS is putting on a mediation program for family law attorneys in the Palm Springs and greater Riverside County area to introduce us to the Understanding Based Mediation Model developed by Gary J. Friedman, and as a useful tool in appropriate family law cases for helping people resolve their cases with far less strife than traditionally encountered.
The Riverside County Superior Court is launching a county-wide Family Law Mediation Panel in March, 2012, which is aimed at serving at least two purposes: 1) increasing the number of trained family law mediators to include those family law attorneys who are approved by the Courts as having significant family law background and experience and 2) creating a pool of trained mediators for the new Voluntary Settlement Conference Program (VSC) that will begin to take place in April, 2012 for selected self-represented parties to pending dissolution cases.
Gary Friedman will be putting on a four-day workshop in Palm Springs at the end of February, and in the first week of March, for lawyers who have been accepted to the new Mediation Panel (and certain non-lawyers including mental health professionals, who will be eligible to co-mediate cases with attorneys), and for those who are interested in adding mediation to their family law and civil practices but who don't qualify for the Panel. This program is made possible through the sponsorship of the Riverside County Bar Association's Dispute Resolution Services program, as well as the sponsorship of the Desert Bar Association and the Riverside Courts.
Beginning in approximately April of this year, Judge Dale Wells of the Indio Superior Court will be supervising a new VSC program in Indio on the first Monday of each month, relying upon the services of the members of the newly created Mediation Panel. Its focus for now will be directed to assisting parties without lawyers to move their divorce and family law cases to conclusion through mediation rather than litigation. We hope to expand the program to make mediation a viable alternative for resolving pending cases in our jurisdiction.
This is truly and exciting development. Approximately 15 attorneys in the greater Coachella Valley will be participating in this workshop, as well as attorneys from Hemet and downtown Riverside. This is expected to have benefits to the public beyond the Panel and VSC program, by increasing the number of trained and experienced family law mediators in our area. Mediation truly helps attorneys, even in litigated cases, to focus on compromise and resolution rather than expensive and time-consuming litigation in every case.
T.W. Arnold, Chair of the Family Law Section of the Desert Bar Association (2012)
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| January 01, 2011 |
| GENDER DIFFERENCES and the CO-MEDIATION SOLUTION |
| Posted By Desert Family Mediation Services |
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While we wouldn't say that co-mediating your dissolution or custody matter is necessarily superior to engaging a sole mediator, we find that there are benefits to co-mediation that particularly assist some parties. Could a team of two oppositely gendered professionals be more effective than the more traditional practice of using only one?
The reality is that men and women experience the breakup of marriages or non-marital relationships differently, and this assertion is supported by research in the mental health sciences. We suspect this comes as no surprise since many of the couples we meet complain how the other failed to understand differences in emotional views and experiences as the relationship unraveled - indeed, it is always one of the contributing causes. This tension accompanies people into the mediation room and without guidance it continues to block a dialogue that is necessary to sensitively address the needs and concerns of each partner; it is sometimes a source of immense frustration that actively inhibits a solutions based conversation that tends to swing some people into at least mild fits of outrage. Such moments are exactly what fuels the litigation alternative as one or both parties shuts down and gives up, ready to engage in an adversarial arm's race "no matter what it costs" or "to the last penny" that no calm person would want for themselves, much less for their children. The essence of conflict, and the best way to perpetuate it, is to wrap one's fist tightly around a core value seen only from the point of view of the observer and refuse to budge. Gender differences can take control of the dispute and yet be entirely unnoticed.
At DFMS we consider such moments to be opportunities to begin to reframe the discussion. Co-mediation can help each party to understand that the different approaches to conflict that seem so divisive (and truly can be) aren't so much 'personal' as they are a function of conditioning. This is not imply that mediators carry some magic wand of understanding that automatically relieves the tension and discord of views in collision, but where disputants are willing to open up just a little and to admit the possibility that differences in perspective are natural and unconscious - conditioned and possibly even biological - mediators can facilitate movement that is otherwise unexpected. Whole new possibilities arise.
With one mediator and two parties a sort of triangulated interrelationship can seem to begin to develop. The parties' interactions become one side of that triangle with an energetic anxiety moving back and forth between them as difficult subjects relating to the functional consequences of divorce are aired and considered. Each party may be, quite reasonably, fearful that the familiar communication blocks will re-emerge and limit considerations relating to the needs of each side. Indeed that often does occur for a time. If that anxiety is not redirected by the mediator, each party attempts to align the mediator's views with their own in a bid for reassurance. If unchecked this inevitably leads to a sense of bias for the other party who worries that the mediator is being swayed by the first party, regardless whether bias in fact exists. Since with a single mediator for opposite sex parties one person is of the same sex as the mediator, suspicion or worry over bias can even reach panic proportions. Obviously it takes skill for the mediator to de-escalate such concerns, but perhaps you can see that a dual mediator model allows each party to feel equally supported and reassured.
There are many other benefits of co-mediation. Two mediator professionals assisting a couple always creates a synergy and a collective wisdom of what is actually happening in the room between the parties, and even an inspired approach to problem solving. It serves as a regulator on unconscious biases which might be held by the mediators and so enter the process.
At DFMS we believe that "two heads are better than one." We recognize that this can make the process more expensive than many families can afford, or to cost more than the parties want to spend even when their resources are substantial. We do not mean to imply that a successful mediation requires two facilitators. It is simply another tool to assist you these difficult transitions, of greater or lesser value depending upon the dynamics of your relationship. We are passionate about mediation and honestly love what we do. Co-mediation makes the process even more satisfying for us, but our joy derives entirely upon meeting and working with you towards positive outcomes. For this reason we reduce the fees together significantly below what each of us charges individually.
If you believe that some of the tensions that your relationship dispute includes relate to male/female differences in viewpoints, or if co-mediation is a process that has advantages that resonate for your life, please consider it is a worthy option.
Thurman W. Arnold, III, CFLS
Mediator and Family Law Attorney |
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| November 08, 2010 |
| Preserving AUTONOMY While Supporting MUTUALITY |
| Posted By Thurman Arnold, CFLS |
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Is mediation the best choice for you? Will the other person in your life participate at all, or participate fairly? We can't answer those questions. We can speak to how mediation might work for you and give you some ideas why it might work well.
Certain interaction patterns - avoidance, control, accommodation - tend to perpetuate conflict. There is a hand in glove sort of relationship dynamic when a style of behavior in another person causes in us a fixed and predictable form of response. This pattern tends to be reciprocal between people, and it can be like an unspoken contract or even a dance between partners and couples that acts in invisible ways. Invisible dynamics tend to short-circuit our own best interests.
One of the goals and useful benefits of mediation is to help people to become aware of their interaction patterns. When these are not seen they are quite reflexive and habitual, which is why we can sometimes be triggered quickly and deeply into reacting. This reactivity often makes one person's interests (i.e., their 'reality') seem impossibly difficult to reconcile with our own, which leads to the sort of zero-sum thinking that is characteristic of adversarial litigation ("if she gains a point, I lose a point"). This emotional reaction naturally causes us to want to fight or flee.
There is another alternative. Parties to a conflict each have an important need to maintain and protect their autonomy. Mediation never seeks to have people disregard their own important self-interests, particularly those that are basic to functioning (whether this be in terms of self-respect or enjoying shelter and food). Mediation does seek to identify what is really important, however, since many points that people will not concede are struggled with because of the invisible patterns of reactivity, and not because they define real success or failure at the end of relationships.
Autonomy over valuable interests includes assuming responsibility for one's life, behaviors, and perspectives and honoring one's own needs.
Identifying mutuality is also a part of the mediation puzzle. Parties must be willing to consider how autonomy for two persons can be reconciled in ways that may benefit both mutually. It is almost a guarantee that this can be accomplished, but only if there is a willingness to look at the apparently opposing views more carefully than when one is just reacting from a place of patterned conflict response.
Mutuality is distinguished by each person becoming willing to respect the other, to work together collaboratively, and to honor a mutual sense of fairness. Clearly these qualities are characteristic of how parties interact at the beginning of relationships. We know they once were possible.
Mediation aims to help parties to identify on some level how the reactivity that drives their conflict works. Mediation seeks to have a discussion of where common interests lie. Supporting what is really important to each person together with engendering - or 'remembering' - a mutual respect for the experiences of the other person are important keys to exposing conflict for what it is (habitualized, addictive, unconscious), and thus moving beyond it.
True, if each party is unwilling to look beyond their initial feelings then adversary court litigation may their only route. But most people are willing to become a little less defensive, and professional mediators are trained to assist in this process. Often with surprising and positive results.
This is why at DFMS we are passionately devoted to the mediation alternative for resolving marital and domestic partnership disputes respectfully.
T.W. Arnold
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| October 12, 2010 |
| The DFMS Team Attends Five Day Intensive Workshop |
| Posted By Desert Family Mediation Services |
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The entire five member DFMS team of mediators and co-mediators returned Monday, October 12, from a week of intensive mediation training in northern California through The Center of Understanding in Conflict & The Center for Mediation in Law.
Gary J. Friedman and Catherine Conner facilitated what seemed at times like countless exercises over the course of this workshop of lectures, participant interactions, and role plays and practicums. There was an exceptionally dedicated group of professionals in attendance, including one man who traveled all the way from Germany (cheers, Markus!), from the fields of law, psychology, marriage and family therapy, accounting, human resources, and post-doctoral training.
We believe that in order to serve our clients as integrated professional mediators it is essential that we train together, and that we train often. Effective mediation skills cannot be picked up casually, or acquired merely through life or professional experiences. Instead, it is essential that a practice be maintained in order to develop expertise and artfulness. We are greatful to have had the opportunty to study with Gary, who has a well deserved international reputation.
What distinguishes the Understanding-Based Model of Mediation from more traditional forms is the idea of empowerment for the participants. Some forms of mediation are highly directed by the mediator themselves, in the sense that they suggest or tell clients what the outcomes ought to be. The Understanding-Based Model holds that the deciders of people's choices might more appropriately be the people themselves, rather than strangers who presume to know what the best outcome for any couple is. Having a stranger determine what your resolution should be is not far removed from what happens in Court processes, even if such mediations are a kinder and more gentle experience than have a judge determine your future.
But saying that people should decide their own outcomes is only the point of beginning because many things interfere in practical terms with how that might come about. Most people locked in conflict - surprise! - lack the clarity to see beyond it. This is why the job of the peacemaking mediator is to facilitate recognitions that may lie beneath the surface and so otherwise may be missed, as well as to help clients to generate options that are more deeply relevant to their own lives than what any outsider could express.
We believe this model of mediation is particularly well suited to family disputes, and will tell you more about why we believe this as our Blog evolves.
T.W. Arnold
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