Applying Multi-Party Negotiation Techniques When Mediating Litigated Family Disputes

Abstract: Families have varying levels of conflict, yet a step that escalates conflict further is when one family member adopts a competitive approach and retains an attorney to file a lawsuit against another. Upon receiving the filing, or shortly thereafter, the court, recognizing this increasing escalation, often refers the case to mediation. A multi-party negotiation has two or more participants, and it has several similarities to the process used by a facilitative family mediator. Therefore, this extended abstract analyzes how a facilitative family mediator can utilize multi-party negotiation strategies to de-escalate and promote resolution in two types of litigated family disputes: custody and visitation and trusts and estates.

Keywords: mediation; family; multi-party

Topic: MED   |   Format: Extended Abstract