6 Questions and Answers on Mediation

Given that the minor children of the couple are likely to be experiencing significant stress as a consequence of the parental conflict and the divorce decision, I would focus the attention of the parents on identifying the kinds of concerns that are likely to affect the well-being of their children. Working to increase the parties' willingness to view the divorce as it affects their children would be a key strategy in this mediation. Identifying children's financial, housing, emotional, and academic needs and concerns and the relative responsibilities of each parent for making children's transition as easy as possible should be emphasized.

Question 2. The situation in which a financially astute husband and an inexperienced and less informed wife present for mediation is ethically challenging. The wife's willingness to compromise her own financial interests in order to reduce the conflict of the divorce and her willingness to give up custody rights for her child suggest that she should be referred by t

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tly and prolonged divorce. The mediator should call the husband and explain to him what has occurred. Other than this phone call, which should be limited to a bare bones factual report of the wife's discovery and decision, the mediator must remain uninvolved in any further interaction between the husband and the wife. Question 4. Should a husband call a mediator six months after a successful mediation to request copies of the mediator's notes to help establish that his wife is an unfit parent, the mediator must refuse to facilitate this charge. The mediator is required to maintain neutrality and confidentiality during and after the mediation process. The mediator is not allowed to "take sides" or to provide confidential session notes to one of the parties participating in the mediation. A mediator may be subpoenaed to appear in court, although in practice, mediators are rarely required to testify in court. If the mediator receives a notice of deposition from the husband's attorney after he has filed a court action seeking temporary custody of the children, the mediator must decide how much information he or she will reveal in court, whether he or she will appear as a hostile witness, and if notes from the mediation
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Approximate Word count = 1576
Approximate Pages = 6 (250 words per page)

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