Mediation and “The Moment”/Martin Rosenfeld

Posted on February 14, 2013

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A blogger recently wrote about a mediation and wondered whether there had been an “Ahha” moment. This moment could be defined as the time the parties realize they are on the way to a successful resolution of the issues at hand. In my own practice I look for another moment.I look for the time when husband and wife, soon to be ex-husband and ex-wife, laugh about something that has offered them comic relief. Laughter is undoubtedly a great medicine. But more important is the fact that the divorce process is so intense and traumatic to many. The ability to laugh is an indication that an emotional corner has been turned. The parties can see light at the end of the tunnel. More importantly, the parties are showing some faith in their future by letting their guard down. Why do I think the moment of levity is so important. Simply stated, I do not believe it is at all a likely scenario when the parties make the decision to litigate. If civility and well-being are important to a couple, mediation will be a likely choice. Laughter does not cure all but it certainly beats needless confrontation and enmity. Mediation works.

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