Monthly Archives: May 2012

And now, a word about our courts……

Consensus Point MediationIt’s the goal of this blog to provide useful information relating to the mediation of divorces and other family disputes.

This installment is actually an editorial – in favor of maintaining a well-funded court system in New York State (or in any other of the states for that matter). This may seem like an odd position coming from a mediator whose efforts are focused on the out-of-court settlements of divorces and other disputes.

Even in the mediation room the courts exert a powerful – and important – gravitational pull. A well-funded, respected and responsive court system is critical to the success of mediation in several important ways.
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Why Do This Sort of Work?

 

More than a few friends who knew me as a proctor in admiralty (maritime lawyer) have wondered (and some still do) what possessed me to get involved in what they perceive as the rough and tumble world of divorce mediation. They assume this work entails constant exposure to the worst side of human relations. Mediators are indeed witness to much unpleasantness, but they also find themselves present at the creation, so to speak, of two new lives and herein lies the beauty and challenge of this work.

Sandy Balick, Consensus Point MediationThe couple, guided by the mediator (who remains neutral throughout) are the creators of their own solution. They, in a very real sense, do the work and the work is nothing less than the creation of a civil conclusion to the untenable situation they, for whatever reason, found themselves in. They are the real architects of their dissolution.

Architect may seem like an odd reference here as we normally associate the word with the creation of an edifice, but there is an enduring structure that is the outcome of the mediation process. It is a durable arrangement (ultimately, the Separation Agreement) by which marital assets, debts, etc. are managed for the benefit of both.

The architecture may even be stunning, especially where children and teenagers are present in the marriage. Here, the ultimate agreement will address critical issues of how the children are to be raised, educated and shared by the soon-to-be-former spouses. The mediator will have guided the couple, literally, to the creation of a structure that will support their dealings and interactions over the children for many years to come.

While the mediator is no architect, it is deeply gratifying to see things worked out over a period of weeks and to be witness as couples work out their concerns and create a satisfying Agreement for everyone involved.

We would be pleased to schedule a consultation with you and your spouse to explore the divorce mediation process and to answer your questions about it. There is no fee or commitment for this consultation. We invite you to call us at (646) 340-3434 to schedule an appointment.

Feel free to ask any questions, to comment, or to request more information in the Comments Box below. Also, please feel free to forward this blog to anyone you know who might be interested in its topic.

Sanford (Sandy) Balick, Attorney & Mediator in New York Sandy Balick signature
Sanford E. Balick, Esq.
Founder & Principal Mediator
Consensus Point Mediation, LLC.

Phone: (646) 340-3434
Email: ConsensusPointLLC@gmail.com
www.ConsensusPointmediation.com

 

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