Thursday, November 10, 2011

Divorce Mediation and Good Behavior




After a mediation, I often see the couple speaking in the parking lot of my office. This happens so often that I now offer them the opportunity to talk in one of our conference rooms which is at least cooler. They often look different in the parking lot. More angry and agitated. I also recall that many years ago, I was doing mediation and for about 20 minutes, the couple spoke to each other and I said nothing. I suggested that they did not need me and they said something which helps explain the parking lot conversations in reverse and another use of a mediator. What the couple said was they needed me because they were on good behavior when I was there. I have thought I could make money and couples could save money if I could sell them a blow up doll version of me. I think the dynamics of this is that people behavior is better with strangers. Once you cease to be a stranger which happens after a while in mediation this is no longer the case. What is happening in the parking lot is that I am not there and they don’t have to be on good behavior and can say things unrestrained. That is why I have always felt there is a window of opportunity to resolve a case. Couples need to take advantage of this opportunity.
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