Assignment 2: Case study assignment: Family Mediation
Case study:
Mary and Steven came to mediation to discuss the arrangements for their two children, Ethan
(6) and Susan ( 4). They also wanted to reach a financial settlement. Mary and Steven had
been married for ten years and separated for eight months. Mary and the children still live in
their matrimonial home in Oakville, while Steven lives with his parents and two older siblings
in Toronto. Steven is currently engaged and hopes to marry Wendy after his divorce to Mary is
finalized. Wendy has a daughter – Alexis (5). Mary was an only child & has one surviving
parent-maternal grandmother.
Both parties are apprehensive about coming to mediation, not knowing what to expect and
because there is poor and tense communication since their separation after Steven had an
extra-marital affair. Mary is still angry about the betrayal and blames Steven for their
marriage break-up.
Steven has not seen his children for the past five months. He is eager to see them and establish
a routine where he can have consistent access with Ethan and Susan. Although Mary wants
her children to have access with their father, she is apprehensive to have access begin with
Steven, as he has not always kept his promises and in the past cancelled access last minute.
Parties wish to discuss transportation issue as well, due to their geographical location and the
fact that Mary does not own a car.
Read the attached case scenario and use your imagination. You are mediating disputes between a
divorcing couple, Mary & Steven Webster.
• Please write out and include your Mediator Opening Statement.
• List Mary’s issues, emotions, interests/values
• List Steven’s issues, emotions, interests/values
• List areas of common ground
• Create a possible AGENDA for this mediation session.
• Include mediation terms discussed in class to support your information.
• What do you see as possible impasses to a productive negotiations?
Please describe a mediation approach and theory you might use to work through this case
towards a resolution & explain why you choose this approach & theory. Discuss at least three
disadvantages of your chosen approach.
Why is power balancing important? List at least 3 kinds of power imbalances that you can think
of that could exist between the parties in this case study. Give at least one specific strategy for
each of the imbalances you listed that the mediator could use to balance power and still maintain
neutrality.
Using the information above, imagine and develop a possible settlement agreement that might
result from this mediation session. Remember to be specific and to address contingencies. Don’t
forget to address the “What if” questions.
Not every mediation result in a formal agreement. In this case, address in which ways can a
mediation that does not conclude with a formal agreement be considered to have a useful
experience?
Students must utilize a minimum of 6-8 outside sources to inform their paper. This paper should
be between 7-8 pages in length (does not include references) maximum 12-point font, 1-inch
margins and utilize proper APA citation format
