Defining Success in Mediations/Martin Rosenfeld, JD

Posted on September 11, 2014

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A mediator and trainer, Katherine Graham, recently penned an article at mediate.com on “What’s a ‘Successful’ Mediation?”. Some of Ms. Graham’s points will be outlined here:

THE PARTIES ENGAGED WITH THE PROCESS
In successful mediations, parties communicate. They speak and they listen. Successful mediations are marked by honesty and respect. Parties who have adverse interests can still show civility and respect to one another. They can respect another’s view or needs even if they cannot always offer what that party is seeking.

PARTIES LEAVE FEELING GOOD
I always get a feeling of professional fulfillment when divorcing parties smile at the same time, for the first time. It happens more often than you might imagine.

AN OUTCOME HAS BEEN REACHED
A proper mediation settles both present-day issues while also anticipating future, potential concerns. Mediation sets a standard of respect and communication by which future discussions may well take place.

EFFECTS ARE LONG-LASTING
While diamonds may be forever as the ads advise us, a good agreement can be forever. If future issues develop the couple now knows that there is a proper option to replace litigation. Mediate don’t litigate.

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