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Nonviolent
Communication: A Language of Life by Marshall B. Rosenberg, Ph.D.
Fagerstrom, Karen, Ph.D.; Thompson, Peggy, Ph.D, and Nurse, A. Rodney, Ph.D. Divorce: A Problem to be Solved, Not a Battle to be Fought ABPP
($14.95)
Fisher, Roger; Ury, William; Patton, Bruce Getting to Yes: Negotiating Agreement Without Giving In (1991,Penguin)
Mnookin, Robert, Beyond Winning (2000, Harvard
University Press)
Ousky, Ron and Webb, Stuart, The Collaborative Way to Divorce : The Revolutionary Method
that Results in Less Stress, Lower Costs, and Happier Kids--Without Going to
Court Hudson Street Press, 2006.
Stone, Douglas; Patton, Bruce; Heen, Sheila
(Harvard Negotiation Project) Difficult Conversations, How to Discuss What Matters Most (1999,
Viking Press)
Tannen, Deborah, The Culture: Moving From Debate to Dialogue. House, 1998 ($25.00) 304 pp.
Tannen, Deborah, You Just Don't Understand Ballentine
Books, 1991 $12.60) 330 pp.
Tesler, Pauline and Thompson, Peggy, Collaborative Divorce: The Revolutionary New Way to Restructure
Your Family, Resolve Legal Issues, and Move On With Your Life ReganBooks/Harper Collins, 2006 .
Ury, William L., Jeanne M., and Golberg, Stephen B., Getting Resolved, Designing Systems to Cut the Costs of
Conflict (1988)
Ury, William L., Getting Past No, Negotiating Your Way From
Confrontation to (1993, Bantam, Doubleday Dell Pub.)
Ury, William L., Getting to Yes (see above under Fisher)
Wilson, Carol Ann, The Guide to Divorce Settlement
Wilson, Carol Ann, The Survival Manual for Women in Divorce
Wilson, Carol Ann, The Survival Manual for Men in Divorce
Wilson, Carol Ann, The Dollars & Sense of Divorce
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Glossary of terms:
MEDIATION A very informal processin which parties
to a dispute try to negotiate a settlement with the help of an
independent, trained dispute resolution expert, the mediator. Mediators
are typically trained to help parties understand each
others positions by getting to the underlying motives
and circumstances giving rise to those positions.
Mediators do not make decisions for parties.
Rather, Mediators help parties forge their
own mutual decisions. Mediation has
become popular in the world of Alternative Dispute Resolution (ADR) because
mediation helps people resolve issues through communication and understanding,
which process leads to lasting results. Lawyers or other advocates are frequently involved in
a mediation. Family Mediators can often help couples settle their issues
quickly & inexpensively. Learn more
at www.sammargulies.com
ARBITRATION An informal proceeding in which a
person (often and expert or a retired Judge) hears the facts of both sides to a
disagreement and makes a decision. Unlike a formal court hearing,
Arbitration is scheduled by the
participants rather than the court system, and thus can be set up and finished
much more rapidly than a court hearing. Arbitration is similar
to court in that each party makes an argument and
presents evidence, but the rules can be more flexible than in a formal court
hearing.
LITIGATION The formalized process in which a
lawsuit is filed in the State or Federal court system. Each party or his/her lawyer submits
arguments and evidence to a Judge. Then
the Judge makes a binding decision, which takes the form of a Judgment or an
Order.
ABSOLUTE DIVORCE Has one
basic ground in North Carolina: One year of separation. Absolute Divorce
is the one issue in marital
dissolution required to be handled in a court proceeding (in other words, at
the very end of the collaborative process, a simple lawsuit must be filed and
served.). See Judgment. See N.C. Gen. Stat. § 50-6
JUDGMENT Though the collaborative process
is handled out of court, Divorce Judgments must be handed down by a Judge. The Judgment
is the document that declares
you are divorced in the eyes of the law.
EQUITABLE DISTRIBUTION This
is the name given by the N.C. legislature to the process of dividing up the
marital property. See the statute: N.C. Gen. Stat. § 50-20
COLLABORATIVE AGREEMENT A
contract signed by the attorneys and the clients in which
all parties agree to end their marriage and related issues out of court. See a sample Collaborative Agreement.
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