Skip to main content

Walking, Talking & Mediating

By
One of the advantages of mediation is the flexibility of the mediation process.  For those people whose conflict includes multiple issues, as is often the case in divorce mediation, skilled mediators can adapt and assist with communication, goal-setting, problem-solving, and in some instances even transformation of a relationship.

To allow the mediation process to adapt in this way we sometimes have to look at options for meeting that are unconventional to help people see their issues in a new light.  At Skylark Law & Mediation, we have two conference rooms that are very different for exactly this purpose.  

One conference room is more business-like and is more appropriate for discussing financial and legal issues.  Our other conference room is more casual, including pictures of my children on the walls.  I find that clients usually feel this setting is more comfortable for discussing parenting disagreements, or communication issues.

Meeting only in conference rooms, however, can be limiting.  Conflict doesn't only occur in a board room.  Conflict occurs in the dining room, and the living room, and the bedroom, and outside, and in the car, and so on.  So why do we only mediate conflict in a conference room?

Now, I'm not suggesting that we mediate conflict in people's bedrooms, but I think there is a value to giving people the opportunity to stand up and move around when problem solving.  As the other attorney/mediators at Skylark can attest I typically walk around the office when on the phone.  I find it easier to stay calm and think on my feet while literally being on my feet.  So I was intrigued when I recently discovered a company in D.C. called Netwalking, LLC which helps organize walking meetings.  The idea of movement and walking during a meeting, especially one that can be as emotional as a divorce mediation, seems to be a natural fit.  

The Cochituate Rail Trail
Therefore, I've decided to start offering our clients the option of meeting outside on the walking path behind our office (weather permitting).   The Cochituate Rail Trail starts right behind our office and is a paved and low impact walking trail.  It is an ideal location for a walking mediation meeting and it is as private as an outside walk is likely to get. 

The walking mediation meeting obviously won't fit every situation.  For example, it won't be appropriate with conversations that may require the complete privacy of the office setting.  However, if mediation is going to be flexible and adapt to the situation, then we may need to adapt more than just the arrangement or style of our chairs.  It may be time to think outside the conference room.

If you're interested in the possibility of a walking mediation meeting, schedule a consult here and tell us about your interest in this option.



Labels:

Comments

Post a Comment

Popular posts from this blog

What is the purpose of the Divorce Nisi waiting period?

By
In Massachusetts the statutory waiting period after a Judgment of Divorce and before the divorce becomes final (or absolute) is called the Nisi period. After a divorce case settles or goes to trial, a Judgment of Divorce Nisi will issue and it will become Absolute after a further ninety (90) days. This waiting period serves the purpose of allowing parties to change their mind before the divorce becomes final. If the Judgment of Divorce Nisi has issued but not become final yet, and you and your spouse decide you don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone. Although many of my clients who are getting divorced think the idea of getting back together with their ex sounds crazy, I have had cases where this happened. In addition to offering a grace period to change your mind, the Nisi period has three other legal effects: 1. The most obvious effect of the waiting period is that you cannot remarry during the Nisi period, be...
76 comments
Read more

2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

By
While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children.  Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as  the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights.  In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms.  As Maya Angelou said, "When someone shows you who they are, believe them the first time."...
1 comment
Read more

Updating your Divorce Agreement Template - More Lessons from Cavanagh v. Cavanagh

By
We recently posted a lengthy review of the the Massachusetts SJC decision in Cavanagh v. Cavanagh (2002)  which included some recommendations for drafting divorce agreements, also typically called Separation Agreements.  The Cavanagh case is best known for it's clarification of how the courts should evaluate support calculations when a case may have both alimony and child support.  However, the case also contained numerous rulings that should make practitioners review their Separation Agreement templates and change some of the ways in which they may have previously drafted certain sections. In this post we'll share actual language from the Gray Jay Endeavors, LLC form Separation Agreement template which addresses each of the issues raised by the Cavanagh decision.  If you are a professional interested in purchasing the full Separation Agreement template, check out Gray Jay's  forms subscription which includes editable Massachusetts court forms and financial st...
Post a Comment
Read more