| Talking to Clients About Mediation |
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Family professionals should consider talking to their clients about using mediation to resolve family conflicts as early in the process as possible. For mental health professionals, this may mean introducing mediation at a point in therapy where one or both of the parties makes a decision to end the marriage. Introducing mediation can be a way to make a smooth and peaceful transition during a difficult emotional time. Once connected with a mediator, the parties will be encouraged to assemble a team of professionals who will assist them with making their way through the divorce process. This usually means finding attorneys for each person who are supportive of the mediation process, will provide information to each person on their respective rights and responsibilities, and will either attend mediation if needed or be available during mediation to answer questions. The mediator can also be a gateway to other professionals who can help either or both of the parties. A neutral financial professional can inform the mediation by running different options for settlement through financial planning software. Or, one or both of the parties may want to engage a financial professional to help model their own situation. Another type of professional is a Divorce Coach. An increasing number of mental health professionals are trained to perform this function, which is complimentary to existing therapeutic relationships instead of a substitute for them. A Divorce Coach is trained specifically to help during the settlement process.
For family attorneys, presenting mediation as an option at the very beginning of the case can focus clients on thinking of solutions that they may be able to reach with the opposing party, which may in turn help families to move through the divorce process with as little conflict as possible, thereby avoiding the significant risks that high conflict divorce poses to children. There is no reason to believe that a client who agrees to participate in mediation or other peaceful conflict resolution processes is showing "weakness" or willingness to give in. Quite the contrary, a client who has never had a forum to explain what is important to them and why can have such a forum in mediation. The mediator can help to move people from very specific "positions" to expressing their underlying interests and finding creative solutions. |
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Phil Schaedler is a featured mediator because he is an active member of the Family Mediation Council - Michigan Board and an enthusiastic contributor and supporter for the advancement of use of mediation in family cases. Phillip Schaedler began his legal career with the defense litigation law firm of Janes... Read More |
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What is Mediation? Mediation is a process used to help people reach agreements. In this process, a neutral, trained mediator works with people to discuss all of the issues related to their family conflict, to explore possible options for settlement, and to identify solutions that best meet the needs of each person involved. When can Mediation be done? Mediation can take place at any stage in a situation, and we believe that the earlier it is considered, the better. For... Read More |
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Here are some comments made by actual participants in mediation... "I really enjoyed my mediator. I thought she was very fair and open to understanding our issues. I feel a third party will better our parenting communications, which will benefit our children's well being." "The mediator was very good at getting the other party to at least acknowledge the other person's view on various points discussed during mediation." "This was... Read More |