Caldwell & Kearns, P.C.
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Effective mediator should have empathy and…

Divorce can be, and usually is at some level, a challenging process to go through. For some couples, there are serious disagreements and resentments that make their divorce particularly challenging to work through and which require the intervention of a judge in the adversarial process. This is not the case for every couple, though.

In some divorces, a couple may have feelings of hurt and resentment, as well as important interests to protect, but choose to resolve their case outside court, in a non-adversarial way, whether through mediation or arbitration. Not every couple is going to be a candidate for divorce mediation or arbitration, but those who are can really benefit from it. When done well, mediation can help couples effectively work through their differences and save money

One of the key aspects of an effective mediation, even for couples who are open to the process and willing to give it a go, is having a skilled mediator. What exactly makes for a skilled mediator, though? Several things, but particularly important among them is the ability to listen well, empathize with both parties, and communicate clearly. Empathy is indeed an important aspect of mediation, though it isn’t the only important skill for a mediator to have.

A mediator must also be able to help couples come up with creative solutions to deal with impasses. Even parties who want to save money and avoid the adversarial process can get caught up in their respective positions on the issues, but an effective mediator will help couples to see the interests that lie beneath their positions and come up with arrangements that satisfy those interests.

In our next post we’ll continue speaking about what makes for an effective mediator.

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