By Joel Bloom
I recently participated in a court ordered mediation screening conference for a divorce mediation case that was not the friendliest or most amicable of interactions. While most parties welcome the opportunity to try something new, sometimes parties may demonstrate hostility, animus, grief, and depression. They may not be in the best mindset or emotional state to approach the issues in a rational, collaborative, or conciliatory manner. One party may even reject settlement proposals that might serve their best interest in an effort to impede or injure the other party.
In these circumstances, mediators must employ all of the tools at their disposal to help the parties focus on the big picture, understand the process and keep things moving forward in a positive and constructive manner. Despite the mediator’s best efforts, the situation may not be conducive to reaching a negotiated settlement. However, there are still many benefits that can be realized that fall short of reaching a signed agreement.Read More