Mediation can be a useful tool for resolving your family law matter. It provides minimized expense when compared to litigation. It can reduce conflict between parties. It allows parties to maintain control of how their divorce unfolds, instead of leaving those matters to a Judge who knows almost nothing about the parties and their lives. I highly recommend mediation to my clients, and when I do, I try to assist them in managing their expectations about the process and the outcome. Frankly, a successful mediation is one where neither party walks away with everything they want. At mediation, each party needs to attend with a willingness to compromise. Without compromise, mediation will not bring about settlement.
Consider the following message, sung to the tune of “Take Me Out to the Ball Game”:
Let’s go to mediation
Negotiate our disputes
Rely upon someone who has no stake
In dividing the assets or debts we each take
So let’s root root root for a settlement
Dig in and roll up each sleave
For it’s one, two, three hours spent
Resolving the case ‘for we leave!
We’ve spent one hour so far
Voicing our demands and wants
I hear you talking but why can’t you see
That I’m being more reasonable than thee
So let’s root root root for a compromise
For you to be compassionate
For it’s one, two, three times so far
That you’ve been simply obstinate!
What good is this mediator for
He hasn’t done anything
To make you see why your ideas are wild
‘Bout sharing joint custody with our child
So let’s root root root for the off-chance
That you will soon acquiesce
For it’s one, two, three times I’ve felt
That I’ll soon resort to threats!
We’re wrapping up mediation
And been hit with hard reality
Didn’t take advantage - now it’s too late
To resolve to give in, keep control of our fate
We can’t root root root for an outcome
With no flexibility in mind
For there’s one, two, three thousand times
Where we could’ve left anger behind.
Some months later we’re eager
To commence settlement talks
Don’t want our future decided by a Judge
We’ll find common ground – just need a nudge
So let’s root root root for agreements
We’ll put aside anger and hate
For there’s one, two, three or more tries
To successfully mediate!
