 |
|
Should family mediators follow through?
2 February 2007In response to my post yesterday re: following through with parties that don’t settle or resolve a case, I received a note from a family mediator.
The writer was noting that in the family (divorce) context the view was that if the parties abandon the mediation process a mediator could be overstepping by following through. The reason supporting this view is that since mediation is a voluntary process, following up could be seen as coercive.
The writer makes an excellent point. What do you think? Is it appropriate for family mediators to follow up after a completed (unresolved) mediation?
I don’t do divorce mediation and so was not thinking along those lines. In my post I was referring to a litigated context of commercial (non family) cases. In the litigated context, the mediator is following up with lawyers. More often than not, in my experience they welcome the follow through. If they are no longer interested in discussing settlement or resolution, they will certainly let you know.
I think in the divorce mediation context that a mediator would need to proceed with caution and on a case-by-case basis.
For example, if the parties abandon mediation because they are going to work on the marriage, then, perhaps following up with them afterward would be inappropriate.
What do you think?
Ultimately, the mediator should do what we do — ask questions. The answers may illicit the appropriate course of action.
If the parties are done because they want to iron out the rest of the details on their own, that’s great. If the parties are done because they want to work on the marriage, that’s great.
The goal in following through is to provide value in an ethical and meaningful way, not to coerce parties into doing something they don’t want to do.
The writer who wrote me is curious as to what others think. Please chime in with your comments.
NEVER GIVE UP.
Kristina
March 1st, 2007 at 2:30 pm
[…] Should family mediators follow through? […]