Mediation Interview
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By Law Offices of Sharyn T. Sooho
Published: July 17, 2004 |
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.