What Are the 2 Essential Requirements for Mediation? [VIDEO]
There are really only 2 key requirements for a successful divorce mediation:
- A willingness of the participants to dialogue, and
- Full disclosure of financial and other relevant information.
Power Imbalances in Divorce Mediation
{2:30 minutes to read} One of the basic requirements of divorce mediation is that the mediator be neutral and impartial. Certainly, this means that the mediator should not be taking sides or favoring either party. But it also means that the mediator may need to be more directive at times to ensure the integrity of the parties’ decision-making.
Why Are Budgets Necessary in Divorce Mediation?
{3 minutes to read} Budget preparation, ugh! I know… even in the best of times, this is not exactly an enjoyable task that people look forward to. Yet, it’s something that is absolutely imperative when a couple is separating or divorcing.
When I first meet with couples, I review the main topics that we will be discussing during the mediation process.
Omni-Partiality and Power Imbalances in Mediation
{2:30 minutes to read} For over a decade I’ve had a practice that focuses exclusively on divorce and family mediation. Much of the training when I first started my practice emphasized the importance of the mediator being neutral and impartial.
The “What-If?” Scenarios
{4 minutes to read} One of the most important functions I can perform for my divorcing clients is to help them work through the various “What If?” scenarios as they make their decisions in mediation. A “What If?” scenario is an exploration of various possible outcomes to a question that has been raised in regard to an important issue. Exploring the options will facilitate reaching the best decision for a couple.
Choosing the Right Divorce Mediator
{3:48 minutes to read} If you’re choosing mediation for your divorce, in many instances it makes good sense to use a mediator who is also an attorney. An attorney/mediator who specializes in divorce law will be knowledgeable of the divorce statutes and case law, and can (and should) share that information with clients. Then, when the couple is ready to proceed with having their settlement agreement drafted, the attorney can prepare the agreement for them.
Empathy or Sympathy: What’s the Difference?
{2:54 minutes to read} With all the conflict and negativity in the world right now, I feel like a refresher blog on the subject of empathy is in order. I came upon this short video, The Power of Empathy, four years ago. It continues to be as delightful and fresh as when it first appeared. And, it accomplishes its task in only 3 short minutes of viewing time! So I invite you to click on the image below, enjoy the video, and then continue with the rest of my article.
Chinese Insights on the Art of Listening
{3:24 minutes to read} During the holidays especially, we all seem to be doing more while at the same time finding less time and patience to accomplish what needs to be done. Our interactions and conversations with family, friends and others can end up being strained and less productive than usual. So I thought this was a good opportunity to re-introduce some concepts I’ve written about before on the subject of Active Listening.
How Long Does Mediation Take?
{3:18 minutes to read}
When I first meet with my clients, they often ask me how long the divorce mediation process will take. My answer is: it depends. In reality, it depends on any number of different factors, such as:
- How complex their issues are;
What are the Foundational Requirements for Mediation?
{2:48 minutes to read} When you take it down to the bare bones, there are really only two essential elements that must be present in order for a mediation to be viable and ultimately productive: Willingness to Dialogue and Full Disclosure.
Willingness to Dialogue
First, there needs to be a basic willingness to come together and talk to each other.
