The Family Business in Divorce: Issues for Mediators Of Different Type |
Posted: March 2, 2017 |
The Role of the Mediator During a Troublesome Time Introduction Divorce is a difficult time for many. Some couples are saying goodbye to a lifetime of happiness with one knock at their door from the lawyer. Others cannot wait till the separation of property and personal effects start to happen. Either way, sometimes hiring the best divorce lawyers Manhattan has to offer is not going to cut it.
Divorce lawyers can oftentimes make matter worse for the couples. This happens with even the best divorce lawyers Manhattan has to offer. Lawyers make their money when they get both sides upset and fighting with one another. Some couples do not need this extra fuss. Some are angry enough as it is. This is where a mediator can come in handy. Some mediators are not necessarily aware of all their responsibilities until they get in the room. Here is a breakdown of what all mediators can expect in all situations involving divorced couples. The role of the mediator 1) You are a third-party: You are not to take sides with anyone. You are there to help see both sides and provide a healthy resolution to the situation. There may come a time when you feel the need to take the side of one party. When this happens you are to remove yourself right away and appoint someone new. This is called a "conflict of interest". Mediators are not allowed to have them. 2) You are not to divulge anything to public record: You took an oath of office when you took on this position. It is up to you to uphold this oath. Some divorce proceedings can get rather dicey. Some of them can get scandalous. No matter what happens in the room you are not to tell anyone, not even your closest friends. It is like being on jury duty. Divulging information can be put you in "contempt of court". 3) This is a place for most cases to settle: Some cases do not like to go to court. It is your job to make sure most situations get settled in an amicable way. You are there to provide a safe environment. Divorce cases can get rather hostile. Safety of both parties is important. 4) This is a legal situation, but not to the point of having a court hearing: You are there to ensure that both parties resolve things fairly. Divorced couples tend to think about what is fair for them, not for the situation as a whole. Lawyers are there during this process. It is your job to ensure the lawyers are not getting out of hand either. Some may conduct these meetings in person. Others may do it over the phone. Once you step in as a mediator, it is your show. The third-party oath You take an oath when taking on a divorced couple's case. It is up to you to take it seriously. Do what is in the best interest of the couple, not how you personally feel.
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