Mediation and the Get/Martin Rosenfeld, JD

Posted on March 3, 2014


A recent post appeared by Attorney Morgan Leia Richardson at HuffPo regarding Mediation and the granting of a Get. The article is entitled “5 Ways That Divorce Mediation Can Help Resolve the Get Crisis”. While the article focuses on the Get, its message of the benefits of mediation is true for all situations. The five benefits are described as follows:

-Divorce mediation eliminates the need for courtroom drama and intrigue. Less publicity and less shame means that the parties have a greater chance of resolving their differences in a postive fashion.

-Mediation allows for creative solutions. An impasse is less likely to occur when discussion flows freely.

-Mediation levels the playing field so that the granting of a Get is less likely to be conteplated.

-Public shame that accompanies pressure to grant a Get sometimes has the opposite effect. The privacy that accompanies mediation makes posturing less likely to occur.

-Mediation offers an alternative setting from the high-pressured atmosphere of the Courts or the Beth Din.

The most convincing argument is probably that mediation offers the possibility of creative solutions. There are many ways to get to Win-Win. Unfortunately, the Court system allows for no such way. Mediation offers limitless possibilities. The article appears at