Monthly Archives: June 2015

What, Actually, Does the Mediator Do?

 What, Actually, Does the Mediator Do By Sanford E. Balick, Esq.{3:24 minutes to read} If you ever had an opportunity to be involved in the mediation of a business dispute, you were witness to a process where the mediator prods, cajoles, pushes and sometimes extracts an agreement from the combatants, frequently in the course of a single day.

Marital mediation, and the mediator’s role in it, is a vastly different process.

Here, the mediator plays a more restrained role in a weekly process that unfolds in 1 to 2 hour sessions until an overall agreement is achieved. The mediator is not a decider of the issues (that would be the role of an arbitrator) and the mediator doesn’t try to wrestle the parties into submission.  Continue reading

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Mediation: What It Is and Isn’t

Mediation: What It Is and Isn't By Sanford E. Balick, Esq.{3:00 minutes to read} Couples are attracted to marital mediation for several reasons:

  • It’s something more civil than being in court; and,

  • Mediation may be considerably less expensive than hiring attorney combatants.

Beyond this, couples have divergent notions of exactly what mediation is.  After all, unless someone’s had previous experience with it, they’d have little reason to know.

Mediation is often confused with arbitration, both of which are under the big tent referred to as ADR or Alternative Dispute Resolution.  Continue reading

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