Family Law AdvisorŪ
Articles
- Mediation Interview -
(Interview with Janet Weinberger)
Which couples are likely candidates for mediation?
Since mediation is strictly voluntary, both members of a couple
must want to reach a fair settlement in a non-adversarial way.
The couple must have the ability to sit in the same room and
listen to each other, often with the mediator's help. Each
needs the capacity to agree and disagree with the other.
Can mediation work when one party is much less sophisticated
financially?
This is referred to as a "balance of power" issue since knowledge
and power are closely related. Power between the parties doesn't
have to be equal at the beginning of mediation, but any imbalance
must be manageable. The weaker party must have the willingness
and ability to learn about finances. Then, with information
provided by the mediator and sometimes by outside professionals,
the less knowledgeable party can be brought "up to speed," and
power can be equalized.
What if one side is suspicious that the other side is hiding or
misrepresenting income or assets?
Both parties must trust that full financial disclosure will be
made. If suspicions run deep, mediation is generally
inappropriate.
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