Divorce mediator: a new role

Abstract

John M. Haynes is a doctoral candidate, Union Graduate School, Yellow Springs, Ohio, and is Associate Professor, School of Social Welfare, State University of New York at Stony Brook. The pain, anger, and frustration of particular client win every possible divorce are frequently exacerbated by advantage. This provides the couple the legal process as it presently works. with another arena in which battle Frequently, the social worker who has out the issues that led the divorce been involved with the family during at the same time that they are trying the period leading up the decision negotiate a settlement. The adver divorce is excluded from the prosary process of settling the financial ceedings, and the clients are passed aspects of the separation can only onto a person in another profession. worsen the already deteriorating rela However, it is at precisely this time tionship. In an American Bar Associa that the special skills of the social tion survey of judges, friends of the worker are most needed. This article court, and commissioners of domestic proposes a new role for social workrelations, 89 percent of the respon ers—divorce mediator. The author's dents cited financial problems as one material relates particularly divorce of the major causes of divorce.1 proceedings in New York. Although However, when the real economic divorce laws differ from state state, factors of divorce are understood, the role of divorce mediator as dethere is little room for maneuvering, scribed here is applicable in all states, Assume that a couple with a 2-year-old particularly those in which no-fault child lives in New York City. Such a divorce laws are enacted. family needs $10,785 after taxes in In undertaking the role of divorce order maintain a moderate standard mediator, social workers must first of living.2 When the household breaks overcome the difficulty of being party up, the total need rises $13,489 a family's breakup. Most social maintain the same level for the two workers see their role as a supportive households. Thus, the way in which one and use their professional skills in a division can be made is restricted assisting families resolve their probfrom the start. lems and stay together. However, The husband and wife will now be there are times when no amount of filing individual tax returns. The hus social work intervention can hold a band will pay about $3,000 in social marriage together. security and taxes on his original Once divorce is inevitable, the sowages, and the wife is taxed on what cial worker's role changes one of ever she receives in alimony. The in attempting make the separation as creased tax liability of an average ali painless as possible, help the couple mony raises this figure $3,517. maintain their individual dignity, and Thus, if the two households are be assist the children make the transmaintained at the pre-divorce standard ition by reducing the conflict inherent 0f living, not only is there little money in the process of divorce. At present, divide, but there may be an actual when a couple decides divorce, each need increase that income by means party goes an attorney who is trained of a second job.3 Therefore, unless the in the adversary role. The two attorcouple had been living at a lower stan neys then represent one client against dard than their income allowed, there the other. Much of the decision-making is little room for economic maneuver is taken out of the hands of the ing -phe other economic assets in a clients, as the attorneys engage in batmarriage—the home, furnishings, a tie within the legal system. This process carj or tbe —must be divided as serves feed the destructiveness and we„ However( the reaI needs of both anger already present in the d.ssolving thg husband and ^ a £ relationship. , , . r a narrow range of choices. The battle between the attorneys ECONOMIC COMPROMISE usua||y ,akes p|aCI ou,side (ha Lawyers represent their clients the room as they attempt divide the. best of their abilities, regardless of property by agreement. However, the the effect that might have on the other adversarial precept to represent my party. Thus, they tend push their client the best of my abilities does