Foreword by Carl Whitaker, M.D.
In writing Child Custody Mediation, Florence Bienenfeld
has done an unusual favor to the world of divorce-court proceedings. The book
is both good reading and an aid in making wise decisions. It reports four years
of carefully designed efforts to bring about parental agreement and custody
arrangements for the benefit of children. Dr. Bienenfeld has worked in a special
court-established arrangement for this kind of mediation. She illustrates how
to use the power of the court to facilitate mediation and how to develop the
psychological pressure to help parents settle child-custody issues. She shares
her wisdom, experiences, and methodologies for utilizing the court’s power.
Her love for these children often helps to placate their parents and step-parents.
She reports a good number of cases and thereby gives the reader
an opportunity of having a great deal of experience without having to learn
the hard way for years, including hundreds of days of pain and failure. Her
rules and procedures are practical and of high quality. Her method for crises
intervention is structured around a systems orientation and is presented in
language that is simple and easy to read.
This book includes a long series of explanations for handling
special situations. The series includes fourteen different case methodologies
and the techniques for resolving each problem effectively.
The final part of this book presents five case studies in considerable
detail. Read these five case studies first, then go back to pick up the methodology
that is carefully segmented and explained earlier in the book. In Dr. Bienenfeld’s
work a remarkable percentage of agreement has been reached without the need
to go into court, as so frequently happens in divorce.
In this book, Dr. Bienenfeld proves herself to be a capable
therapist, an excellent writer, and a wise human being.
Carl. W. Whitaker, M.D.
Former Professor of Psychiatry
Center For Health Services
University of Wisconsin, Madison
DEDICATION
To all the children and parents who have been helped by
this non-adversary approach.
To the hundreds of thousands more who are looking for the
light at the end of the tunnel, and
To those dedicated professionals who serve these families.
CONCLUSION
As families go through divorce and post divorce litigation,
the stress on family members can be overwhelming. This is especially true for
children. The courtroom is hardly the place to resolve these deep-seated emotional
issues. Child-custody mediation provides helpful intervention at a time when
parents are least likely to be focusing on their children’s needs. The
last thing children need is two parents fighting over them. They need both parents
to cooperate. Unless children end up with two involved parents after the divorce,
everyone loses—especially the children.
When parents are helped to cooperate, their children are more
likely to find happiness and satisfaction. For many parents the transition between
being married and being parents-in-common is very difficult. Professional assistance
at that time can often protect children from being exposed to years of continual
hostility and conflict.
Custody-visitation mediation helps many families to resolve
their disputes over the children and to develop an appropriate parenting plan.
Even when parents do not reach an agreement, some are later able to utilize
the information they learn here. Children are also fortified with certain information
and perspective about the divorce and parental conflict. This can help them
remain neutral and feel less anxious, frightened, or tense.
I commend the California state legislators for being sensitive
to the value of custody/visitation counseling and mediation and for having the
foresight to mandate mediation services in contested child-custody cases. Mediation
gives parents the choice of resolving their disputes in a nonadversary setting,
by self-determination, or in court.