Excerpts
The following article excerpts by Forrest S. Mosten are of interest to lawyers, therapists, mediators and other professionals. A full list of Mr. Mosten's publications is available upon request.
“The family lawyers of the 21st Century must be able to wear different hats and offer services ranging from full-service lawyer to consulting lawyer to document reviewer to negotiation coach. Mediation, above all, is about client control. Unless lawyers offer clients choices in terms of their representation, family lawyers will soon find more and more people deciding to exercise the ultimate in control: not hiring a lawyer at all.”
“The Lawyer's Role During Agreement Making”
American Journal of Family Law, Spring 1997
“The Confidential Mini-Evaluation (CME) can be utilized in place of or in addition to the traditional custody evaluation and give parents and children the benefits of the evaluation without the cost, acrimony, time or possible risks to the family of the traditional evaluation.”
“Confidential Mini-Evaluation”
Family and Conciliation Court Review, 1992
“The notion of a lawyer and therapist working together to co-mediate divorce agreements has created much excitement in professional circles - particularly among therapists. As a practicing lawyer-therapist team, we share this enthusiasm and wholeheartedly support the concept of co-mediation in appropriate situations.”
“The Role of the Therapist in the Co-Mediation of Divorce:
An Exploration by a Lawyer-Mediator Team”
with Dr. Barbara Biggs, Journal of Divorce, Winter 1985/86
“As mediation matures into an institutionalized profession, demand is increasing for customized training and supervision. ... Individual supervision offers several benefits. By “buying“ the supervisor's time and focus, the trainee is more assured of receiving ongoing reflective customized input on professional strengths and weaknesses.”
“Individual Supervision and Mediation Self-Survey”
Family Mediation Training, 1997
“A mediator who fails to test and challenge the parties and their lawyers may be well-liked by the parties but may not necessarily guide them to a concrete settlement.”
“Muscle Mediation”
The San Francisco Recorder,
July 31, 1996
“Clients want more power over their own lives and to be full and active participants in solving their own problems. In short, they want to be in control and want their lawyers to be resources in helping clients translate that control into effective and satisfying results.”
“Emerging Roles of the Family Lawyer”
Family and Conciliation Courts Review April 1995
“Preventive mediation permits both partners and their children to participate in a more relaxed, empowering atmosphere, and allows them to address issues that go beyond a typical pre-marital agreement.”
“Preventive Mediation in Blended Families”
ABA Dispute Resolution Magazine, 1996
“The legal wellness check-up is an unbundled service product that can be used by family lawyers to improve the legal health of clients at every stage of representation.”
“Preventing Future Conflicts Through Legal Wellness Check-Ups”
Preventive Law Reporter, Fall 1996
“Millions of Americans who feel the symptoms of legal disease either live with their problem or resolve it in some manner without ever entering a lawyer's office.”
“Unbundling Legal Services”
Oregon State Bar Bulletin, January 1997
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