Tuesday, July 13, 2010

Navigating Difficult Conversations: Divorce Mediations

While many mediations are emotionally charged, divorce mediations are perhaps the most contentious. Not only is a partnership being dismantled, but the parties are often distraught, emotionally bruised, and perhaps angry. In such a mediation, it is essential to navigate with care, lest one party feel slighted or ignored. I find it challenging to honor how one party is feeling without over-validating them, and thus risking the alienation of the other party. It's a tough balancing act, indeed.

When it comes to controversial issues like spousal support, I find it's often constructive to give the parties a reality check - I insist that they consult with independent counsel to understand that the agreement we are crafting is indeed fair. Once they realize that they're neither being cheated nor ignored, and are often getting a better deal than they would in Court, a once-dissatisfied party will often become much more amenable to the process, and begin to collaborate with their ex-spouse and the mediator to build a workable agreement.

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