Mediation and Two Rooms/Martin Rosenfeld, JD

Posted on January 28, 2015


A colleague, Attorney William Donahue, recently wrote on a mediation where the parties could not be in the same room. The post appears at this link: The idea of having a mediation even where there is severe antagonism between the parties is not a new one. However, Attorney Donahue brings up an interesting point. Warring parties are most likely the “best” candidates for a divorce battle that will impoverish all and scar all who are within the ambit of the controversy. Do they too not deserve to have the benefits of mediation? It is a question to which I have no ready answer as “shuttle diplomacy” leaves out much of what mediation can offer. The chance for improved dialogue, understanding the needs of the other party, hearing how the other party is impacted by the controversy is all tossed out of the mediation window. But is half a loaf better than none? I suspect it is. Clearly, Attorney Donahue does as well. His article makes for interesting reading. “Don’t litigate, shuttle” may be a new rallying cry for those who read this intriguing portrayal of shuttle diplomacy.