I never thought I’d want to mediate matrimonial disputes. So much sturm und drang! All that pain, anger, resentment, and distrust! Of course, as a practitioner in the area of estate planning and administration, I had occasion to draft pre- and post-marital agreements, or to represent a party to one. But those couples were on good speaking terms. So, for the most part, it wasn’t difficult for them to agree on things.
When I began mediating custody and child support cases for the New York Peace Institute (formerly part of Safe Horizon), however, I realized two important things. First, it wasn’t my sturm und drang. I could acknowledge the emotions expressed by each member of the couple, even feel inwardly sympathetic, without having to experience those emotions myself. In fact, as a mediator, I needed to maintain distance in order to remain neutral and keep the conversation balanced. Second, in encouraging my pre- and post-nup clients to work most matters out for themselves, I already was following, albeit unwittingly, a major precept of mediation, which is to create a forum in which the participants can work things out for themselves.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]