What to do when a mediation case goes side-ways?

May 24, 2014

FINAL_DSC_7171-819x1024Mediating divorce cases can be stressful and draining on the mediator. But what happens when a case shifts gears suddenly and becomes a classic “high-conflict” case in which tensions rise, and you quickly feel like you’ve lost control of the mediation and may not be able to rescue it.

What can you do?
Building structure within each basic mediation step
Step 1 : Signing the agreement to mediate
 spend more time bonding with clients during this stage
 establish that you will have tight control over the mediation process
 thoroughly explain the process and rules of communication
 let them know you’ll pay equal attention to their concerns and proposals
Step 2 : Making the agenda
 have clients raise the issues – not you
 emphasize that it is the parties’ dispute and decisions to be made, not the mediator
 encourage each party to look at and speak to the mediator instead of each other
Step 3 : Making Proposals
 begin the proposal process earlier than usual mediations, to keep highly intense emotions from taking over
 focus on understanding a proposal before allowing the other person to respond
 manage the process with a very direct approach, while not taking responsibility for the outcome
Step 4: Finalizing Your Agreements
 remain calm and remind yourself and the parties that you are responsible for the process, not the outcome
 remember that high-conflict cases may take twice as long to reach final agreement
solving and the other is focused on relationship defensiveness – this may cause them to go round and round several times before signing the agreement
It is possible to help parties in high-conflict cases reach agreement and develop solid parenting plans by using a highly-structured method like this new resource

New Ways for Mediation: More Structure, More Skills and Less Stress for Potentially High-Conflict Cases

Is Divorce Mediation for You?


About Unhooked Books
Unhooked Books is the one place for people to find the best and most current information and resources available on personality disorders, high-conflict personalities, divorce, parenting, co-parenting, living healthy, eating healthy, and managing your life. Founder & CEO, Megan Hunter, established one place for people in any type of relationship to find tools to enhance relationships, prevent relationship disaster and handle relationship transition. Her firm belief is that with just a little education, most people can resolve most relationship issues.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: