After spending 18 months and hundreds of thousands of dollars, the couple headed back to mediation. The parties talked about the emotional issues surrounding the divorce and why each believed his or her position was correct. In carefully negotiated sessions, the two came up with an agreement that covered alimony and the division of assets.
According to Jim Robinson, a partner at the Florida accounting firm of Gerson, Preston and Robinson who has served as an expert in hundreds of mediations, most divorces require multiple sessions, separated by litigation. “The early session fails, then as the suit wears on, you get tired; the emotion goes out of it. Then you realize how much the lawsuit is going to cost in stress and money. Then when you go back to mediation, you’ll have better luck,” he says.
Deceptive Audience
Facilitative mediation is not always the best way to handle disputes, particularly those involving openly hostile parties. Disputes in which there are severe disagreements over facts also tend to break down in mediation. “One client said to me, ‘As a result of mediation, I think we have set back our resolution of differences by 180 degrees,’” says divorce lawyer Bob Nachshin of Nachshin & Weston in Los Angeles. Unlike court cases, in which strict evidentiary rules cover the introduction and evaluation of claims, a mediator depends only on the honesty of both parties and their willingness to settle. Under these conditions, many people find this is a risky arena for deciding their financial futures.
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