Four Phases of the Mediation Process by Jean Munroe & Tennessee-Mediation.Com

Summary

In this mediation session, a mediator helps Harry and Sally navigate the complexities of divorce and co-parenting. Their primary concern is the family home, which Sally may struggle to afford on her own. Through collaborative discussion, they explore options such as refinancing or selling the house. The mediator encourages open communication and mutual respect, helping both parties find common ground. Ultimately, they agree to share mortgage payments for eight months while Sally seeks a new job, with the possibility of selling the house if necessary. This resolution aims to ensure stability for their son, Billy, while avoiding lengthy court proceedings.

Takeaways

• 😀 The mediator (Jean) starts the session by welcoming all participants and emphasizing the importance of confidentiality and mutual respect.
• 😀 The mediator ensures that all parties (Harry, Sally, and their attorneys) are comfortable and have access to necessary resources like water, coffee, and restrooms.
• 😀 Jean emphasizes the voluntary nature of mediation, making it clear that both parties have the right to leave the process at any time, but should first attempt a private session with the mediator.
• 😀 Both Harry and Sally are encouraged to speak from their own perspective rather than assume or discuss the other's thoughts or motivations.
• 😀 The mediator establishes the importance of honesty and full disclosure during the mediation process for the resolution to be effective.
• 😀 Harry expresses his concern that Sally cannot afford to keep their current home without a higher-paying job, which would affect her ability to care for their son Billy.
• 😀 Sally acknowledges her financial challenges but expresses a strong desire to keep the house for the sake of her son’s stability.
• 😀 A solution is proposed to allow Sally time to secure a new job or refinance the house. If this isn't possible, they would sell the house and divide the equity.
• 😀 The mediator uses brainstorming techniques to explore potential solutions and asks the parties to think flexibly about possible outcomes.
• 😀 The final agreement is reached where both parties will share the mortgage payments for the next 8 months, and Sally will try to refinance the house or sell it if necessary. Both parties agree to a co-parenting plan for Billy’s well-being.

Q & A

What is the role of the mediator in this session?

The mediator's role is to guide the conversation, help the participants communicate and hear each other, and explore options for resolving the issues in a way that works for both parties. The mediator ensures that the process remains confidential and fair.

Why is confidentiality emphasized in this mediation process?

Confidentiality is crucial because it ensures that nothing discussed during the mediation can be used against anyone in court. It allows both parties to speak freely and honestly without the fear that their statements will later be used in a legal setting.

What is the significance of the 'voluntary' nature of the mediation?

The voluntary aspect means that the parties are not forced to reach an agreement. They can walk away from the process at any time if they feel it is not beneficial, ensuring that any resolution is mutually agreed upon and not coerced.

How does the mediator help the participants stay respectful during the session?

The mediator encourages mutual respect by asking the participants to speak from their own perspectives, avoiding telling the other party what they think or what the other person might want. This helps prevent misunderstandings and keeps the conversation focused on the needs and desires of each participant.

What is the importance of the four-step process described by the mediator?

The four-step process provides a structured framework for the mediation. It ensures that both parties have an opportunity to express their concerns and goals, allows for brainstorming of possible solutions, and concludes with the creation of an agreement that addresses the key issues.

What specific concern does Harry raise about Sally's ability to afford the house?

Harry is concerned that Sally's income is not sufficient to sustain the current home, and he worries that if she cannot afford it, she may come to him for help. He believes selling the house and dividing the equity is the most practical solution.

What possible solutions does the mediator suggest for Sally to keep the house?

The mediator suggests that Sally might either find a better-paying job or take on a second job to make the mortgage payments feasible. However, this solution raises concerns about who would take care of Billy if she were to do so.

How does the mediator address the possibility of delaying the sale of the house?

The mediator asks the participants to consider a delay in the sale of the house to give Sally time to secure a higher-paying job and attempt to refinance the house. This would allow her time to explore options before making a decision to sell.

What is the final agreement reached by Harry and Sally in the mediation?

The final agreement is that Harry and Sally will both pay half of the mortgage for the next eight months, giving Sally time to find a new job and possibly refinance the house. If she cannot refinance, the house will be sold, and Sally will attempt to find a new home in the same school district for their son, Billy.

What happens after the mediation session in terms of legal proceedings?

After the mediation, the memorandum of understanding (MOU) that both parties agree to is reviewed and signed. Their attorneys will then formalize the agreement in legal terms, and the court will review and sign it to finalize the divorce process.