Advanced Mediation Course Outline

ADVANCED DIVORCE & FAMILY MEDIATION COURSE OUTLINE

 

Registration and payment of any outstanding course fees

 

Welcome and Introduction

Introduction of presenter

Introduction of attendees

Personal objectives for attending this course

Attendees’ understanding of divorce mediation

The requirements of becoming a mediator

Divorce mediation course

Membership of an accredited organisation

Personal accreditation according to specifications of accrediting body

No criminal record

Explanation of the commonly confused terms:

a. mediation

b. litigation

c. arbitration

d. negotiation

e. manipulation

f. other

The comparison between mediation and litigation (the traditional court system)

Brief overview of divorce and mediation in South Africa

Where are we at?

Changes in terminology according to the Child Act 38, 2005

Access – Contact

Maintenance – Contribution

Custody – Care

Other terminology

Control

Parental rights and responsibilities

Brief overview of the Child Act 38, 2005

Where are we at?

Understanding basic marriage and divorce terminology

Marriage/Pre-nuptial contracts

Divorce decrees

Ground for divorce

Understanding conflict

What is conflict?

Types and levels of conflict

Where does divorce mediation fit in?

The six steps to resolving conflict

What are negotiations?

Understanding negotiation

Without prejudice

Styles and approaches of negotiation

The 12 skills – where to use them

The Mediation Room

The room

Seating and physical space

Preparation

Introduction to Divorce Mediation

What is divorce mediation?

The advantages of divorce mediation

The outcome/goal of divorce mediation

Mediation versus therapy

Co-mediation

Models of mediation

Mediation abacus

The role players in Divorce Mediation

The mediators

The divorcing parties

The children

The other family members

The attorneys

The family advocate

The financial specialists

The psychologists/social workers

Other advisors/teachers/domestic help

The Mediation process

Initial contact

Intake/information gathering

Face to face

Educating the parties

Agreement to mediate

Analyzing common ground and issues

Stipulating the agenda

The Mediation

Options and positions

Negotiations

Information gathering: data and interpretation

Decisions

Agreements

Memorandum of Understanding

Parenting plans

Mediator’s tool box

Listening and communication skills

Reflective listening

Open-ended questioning

Empathy and compassion

Information gathering: data and interpretation

Budget sheets

Assets and liabilities

Financial records

Policy documents and share certificates

Existing settlements and agreements

Practical tools

Parents are divorcing each other not the children

Everything in the best interest of the children

What the children would miss out on by not having participating parents

Highlighting common ground

Needs, wants and wishes list

-Where are the demands coming from?

Body language

Emotional/verbal signs

Mediator’s tool box

Practical tools - continued

Reframing statements

If and Then statements

Acknowledging the parties’ progress

Agreeing to further mediation

Being creative solving issues

-We are not bound by law

Reminding the parties of their signed agreement to mediate

Giving the parties “homework”

Impasse strategies

Caucusing

Termination of the mediation

 

The psychology/psychological effects of the divorce process

Stages in the divorce process

Children and divorce

Legal (general law’s governing divorce in South Africa’s courts

The Maintenance Act 23 of 1963

The General Law’s further Amendment Act 93 of 1962*

The Divorce Act 70 of 1979*

The Mediation is Certain Divorce Proceedings Act 24 of 1983*

The Child Care Act 74 of 1983*

The Maintenance Act 23 of 1963*

Customary Law

Tribal/Hindu/Muslim/Jewish law.

Financial implications of divorce

Division of Assets

Budgets

Maintenance

Retirement funding

Trusts

Financial planning

COURSE MATERIAL

COURSE NOTES

SLIDE PRESENTATION

VIDEO/CD VIEWINGS

CASE STUDIES

BETWEEN 6 AND 10 HOURS OF SELFSTUDY

ALL COURSE MATERIAL HANDED OUT TO ATTENDEES ON COURSE REMAINS THE PROPERTY OF DIVORCE AND FAMILY MEDIATORS (PTY LTD. THIS COURSE OUTLINE MUST BE READ IN CONJUNCTION WITH THE TERMS AND CONDITIONS PRINTED ON OUR APPLICATION FORM AS WELL AS OUR STANDARD TERMS AND CONDITIONS OF BUSINESS.

The extend of the use of any of the following training techniques: question and answer sessions, role playing, case studies and/or training cd’s/videos will depend on the time constraints of the course.

Please note: Due to interactive training methods used, a limited number of participants can be accommodated on each course. Registration will be treated on a first come – first serve basis.