How to Handle a Mediation Session With Your Ex

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Video Transcript

In divorce mediation, spouses usually do see each other, but in about 6–7% of cases mediation doesn’t work out, often involving domestic violence. If safety is a concern, mediators can use separate rooms (shuttle mediation) or end the session to protect a fearful spouse. This article explains what to expect, safety rules, and how to prepare for mediation with your ex.

Ray Hrdlicka – Host – Attorneys.Media

Do the spouses see each other, that was very good Bill, do the spouses see each other in divorce mediation?

Bill Leininger – Divorce Mediation Attorney – Staten Island, New York

Well, the third group in that 6 or 7 percent that don’t work out is where there’s been domestic violence. And the rule is very simple in my opinion, if one party, stereotypically the wife but it could be the husband, is scared crap if they speak up and say, “no I won’t agree to that”… that they’re going to get beat that afternoon… don’t you see, then then it just doesn’t work.

Both people have to, you know, one doesn’t have to have a 150 IQ but you both have to be streetwise and you have to know when someone’s pulling your chain or when someone is they’re trying to put you into fear. And if I sense that one person is incapable of freely deciding, I declare a mediation impasse, and the answer for that person, you might say, well, what should that person do? They have to stay in a terrible marriage?

Staten Island NY Divorce Mediator