Integrated Approaches to Resolving Same-Sex Dissolutions FREDERICK HERTZ

Mediating same-sex dissolutions requires a nuanced awareness of how dramatically the legal landscape for lesbian and gay couples has changed in recent years, as well as an ability to demonstrably appreciate and respond to the complex emotional issues at stake in such mediations. The newly emerging norms of same-sex marriage, domestic partnership, and co-parenting arrangements lead to changing expectations in the context of these social and legal frameworks, but they have also created challenges resulting from the patchwork of changing and inconsistent laws. This article explores how mediators can best integrate the recurring emotional dynamics of such dissolutions in their mediation practice. The mediation of same-sex break-ups raises many issues that are differ-ent from those typically arising in straight divorces. Unmarried or unregistered couples negotiate in a framework with few well-defined legal rights and without any mandatory court process, relying on implied or oral contract claims (palimony) of limited viability or community norms of often-disputed applicability. More than a dozen states currently allow or sanction same-sex marriages, domestic partnerships, or civil unions, but these relationships lack federal recognition. Because there are few court precedents and often-unclear rules of implementation, custody disputes frequently involve unconventional parentage arrangements, presenting complex legal dynamics. Separations between same-sex partners therefore a r t i c l e