One of the things to think about when you are looking for a divorce mediator is whether they will meet with both of you together or will meet with you each separately. Meeting with each person separately in mediation is called “caucusing.” Mediators who caucus often do “shuttle mediation” — they go back and forth between parties who are in separate rooms, helping each identify their priorities and working toward a resolution. But I don’t do it. I meet with … read more »
Breaking the news to the kids
Are you the child of a divorce? If so, do you remember when you realized that your parents were separating? My guess is that you do. What do you remember about it? Do you remember what room you were in? Or what you heard? What did you feel? Who comforted you? What was said? Did your parents tell you, or did you overhear something? Was it in the context of an argument, or was it presented to you calmly? Did … read more »
Like a deer in headlights?
Lisa sat in my office and cried silently for half an hour straight. I had invited Lisa and Steve to an introductory meeting to explain the divorce mediation process. He had just asked for the divorce, and she looked like a deer caught in the headlights. At the end of the meeting, she looked over at him and asked, “How did we get here?” Months later, when they actually started the process, her demeanor was very different. By then, Lisa … read more »
Layers of Sound
I have been meditating for a few years, and was part of a workshop recently where the facilitator had us listen to “layers of sound.” I didn’t understand what she was talking about at first. It sounded a little mysterious, and a little woo woo…. But I decided to try what she was asking. And it’s not hard – I’ll show you. (This is an interactive blog post!) Listen – right now – first, to the sounds that are farthest … read more »
We Hear What We Want to Hear!
But how did you flunk the test? We studied together! I know you were prepared!” Katie and I were study buddies during our first semester in law school. I had no idea what to expect on the exam, and I had been worried. But Katie had been so confident. She and I had gone over all of the cases for our Constitutional Law class, which focused on the civil rights cases. She knew the facts, the holdings and reasoning that … read more »
Power to the People!
A big change is coming to the New York State court system. Starting this fall, all New York State courts will work on a system of “presumptive mediation,” which means that it will be assumed that every civil case filed can be resolved using Alternative Dispute Resolution (ADR) e.g. mediation, arbitration or early neutral evaluation. Instead of having to opt in – to affirmatively decide to mediate — parties may opt out. Think of the difference between being presumed innocent … read more »
What Happens in the Mediation Room?
I ask both parties to come in for an introductory meeting when they inquire about divorce mediation. I am not a fancy person. I look professional, but I don’t often wear suits in the office. I try not to use big words, and to explain things in English, rather than legalese. I don’t think my job is to scare clients — in fact, I try to reassure them that they can get through the process, because they can. And our … read more »
Facing Your ‘Other’
When I mediate, I am sometimes struck by the fact that our lives can be profoundly affected by the actions of others. It can be frustrating to think about our lives being out of our control. I am happier when I focus on what we can control — particularly our own thoughts, our attitudes, and our actions. Of course, change is difficult, but certainly possible. I have used my thoughts and actions at critical points to change the course … read more »
Just Listen
I write this on my way back from a conference in Washington, DC for the Project for Integrating Spirituality, Law and Politics (PISLAP) entitled, “Fostering Human Connection in an Era of Alienation.” One workshop I attended there, led by John Spiegel and Judith M. Glasser — and based upon the work of Nancy Kline — was called “Souls in Action: Using ‘Generative Attention’ to Resolve Conflicts.” Their assertion is that attention is a creative act, and that we can help … read more »
Implicit Bias
“What will you do about your implicit bias?” Jennifer asked me as she sat across the table. She, a woman of color, was in my office with her husband, a white man, for an introductory session to discuss using mediation as a process for their divorce. Hers was a fair question. And it was one I have never been asked before. “Are you familiar with the concept?” she continued, apparently expecting me to say that I wasn’t. “I was a … read more »
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