Mediation and the Good Wife

Mediation is gradually being included as part of the plot in movies and TV. The movies Juno and the Wedding Cashers and the television shows Fairly Legal, Once Again and Starter Wife come to mind. The March 22, 2011 episode of “The Good Wife” http://www.tv.com/video/10528746/the-good-wife--ham-sandwich includes divorce mediation. In the show there are witnesses giving testimony including a child and the mediator says he will make recommendations about custody. There are also attorney present and the mediator exercises no control. It is good that the public is being made aware of mediation as an option. The problem is that mediation is not portrayed accurately or positively. The mediators are either wimpy or inappropriate. They are rarely impartial. They usually evaluate instead of facilitate. I don’t know if this is because the writers don’t really know mediation or the writers portrayal of mediation is more entertaining. The problem is that it gives the public the wrong idea about mediation. Although more people may use mediation, they will have the wrong expectations. Hopefully, the mediator will be able to correct these misconceptions. The more I think about it, the more I realize this is true of most movies and television shows. For example, in law shows, the trial is always instantaneous. This never happens in real life. As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com WM (216) 4/23/11

Pancakes, All in the Family and the Correct Method for Simple Tasks

We often have breakfast at the B Line. We love their special pancakes and usually split a tall stack. I realized that there are two ways of dividing the stack of six pancakes in two. You can either take three whole pancakes off the top or you can cut the whole stack in the middle so each person has six half pancakes. At first I thought there was only the first method but when my Wife divided using the second method, I not only realized there were two ways but that I liked her way better. This also reminds me of a very funny scene in “All in the Family” where there is a disagreement over the correct way to do a simple task. Archie (Carroll O’Connor) and Mike (Rob Reiner) are arguing over the correct way to put on socks and shoes was a sock and a sock and a shoe and a shoe (Archie's way), or a sock and a shoe and a sock and a shoe (Mike's way). Archie's reasoning: If there's a fire in the house, with two socks on, you could run outside and be even. Mike's reasoning: What if it's snowing outside? Archie's way, his feet would get wet. Mike's way, he could hop around on one foot and stay dry. It is the last scene on this YouTube clip http://www.youtube.com/watch?v=8JSEjQF-S-8 There are many other examples of tasks which seem obvious to one person and not to another. In mediation this happens all the time. One person thinks that the answer to the question such as how to pay for the children’s college education is obvious. It is not and reasonable people can disagree. The important thing is that each person recognizes this and move on to the next step of problem solving an acceptable answer. As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com WM (211) 3/19/11

Army Inspection, Divorce, and Mediation

It is hard to believe but I served for six years in the U.S Army Reserves in a military intelligence unit. I was only on active duty for four months and two weeks each summer for six years from 1969 to 1975. I probably would have stayed in if they had completed my application to be a Warrant Officer. I did my basic training at Fort Bragg, NC and my advanced training as an interrogator of prisoners of war at Fort Meade, MD. I believe my MOS (Military Occupation Specialty) was 97E1O. Basic training was quite the experience and it taught me a lot about myself and life. One such useful memory concerned our daily barracks inspection by our drill sergeants. We cleaned the barracks so you could eat off the floor and even used basso on the fire extinguishers but often did not pass inspection. We finally learned the trick. The drill sergeants would use a grease pencil and put little marks on the tile in the bathroom. If you cleaned off the mark, you passed inspection but if you did not clean it off you did not pass inspection no matter how clean the barrack were. The same is true for mediation and getting a divorce. You need to know where the equivalent “grease pencil marks” are. If you don’t, no matter how good the agreement is, it may not work or get approved by the court.

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com WM (210 ) 3/12/11

Mediation and Mario Cuomo

I was pleased to see that Mario Cuomo was appointed the mediator in the Madoff/ Mets case. See follow up article in February 19, 2011 New York Times at http://www.nytimes.com/2011/02/19/sports/baseball/19cuomo.html. Articles like this make the public more aware of mediation as an option to settle disputes. This is very necessary if mediation is ever going to an option equivalent to or better than litigation. The measure of success will be when mediation is chosen before litigation and not after litigation has started. The article highlights the issue of what is a mediator, although not by name. The style of mediation often confuses potential users of mediation. See my July 24, 2010 Blog on Styles of Mediation which discusses facilitative, evaluative, and transformative mediation. Parties should always be aware of the style of their mediator. Cuomo like most lawyers who have not been trained by programs approved by the Academy of Family Mediation and its successor the Association for Conflict Resolution is an evaluative mediator who uses power mediation to settle cases. As the article says, Cuomo is a skilled problem-solver, not a neutral mediator. He is intuitive enough to come up with interesting solutions.
The article also importantly points out that mediators cannot force the parties to settle. This is both a weakness and a strength. It makes it hard to resolve the case but makes for a more lasting and satisfying settlement. As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com WM (209 ) 3/5/11

Mediation the Cairn for Getting Divorced

Recently, I was hiking in Sabino Canyon on the Rattlesnake Trail. I notice many cairns on the trail. A cairn is a mound of stones piled up as a memorial or to mark a boundary or path and this case not a small rough-haired breed of terrier from Scotland. I had do go back to my Boy Scouts Handbook for Boys to remind me of what the different cairns mean. They include: This is not the trail. Turn right. Turn left. Danger Help. See pictures above. It occurred to me that a trail and cairns are a metaphor for getting a divorce. Hopefully, it will not be the Rattlesnake Trail. The couple must follow a trail and if not careful can get lost. Mediation is the cairn of divorce. It helps you on the trail and keeps the couple from getting lost. As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com WM (208) 2/26/11

Ketubah Update

Great minds think a like! In the February 11, 2011 New York Times Samuel G. Freedman did an article about ketubahs (actually the plural in Hebrew is ketubot) on entitled “Christians Embrace a Jewish Wedding Tradition.” For the article seehttp://www.nytimes.com/2011/02/12/us/12religion.html.
The article goes on to say that couples are using the ketubah as a way of affirming the Jewish roots of their faith. “Embracing this Jewish tradition just brings a richness that we miss out on sometimes as Christians when we don’t know the history,” said Mrs. Austin. “Jesus was Jewish, and we appreciate his culture, where he came from.” Beyond its specific basis in Judaism, the ketubah represented to the Austins a broader concept of holiness, of consecration. “We wanted a permanent reminder of the covenant we made with God,” Mrs. Austin said. “We see this document superseding the marriage license of a state or a court.”
Non Jewish couples are also using other customs like the huppah or wedding canopy. The article did not say so but I bet couples also have the groom stomp on a glass at the end too with the guests shouting "Mazel Tov!" If the couple gets divorced, will the couples be get a “get” or Jewish divorce too! Only time will tell.
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com WM (207) 2/19/11

Mediation and the Jump Ball

I was always tall for my age so was encouraged to play basketball. I was awful. Thought too much and did not play automatically. Played Biddy Basketball for the Laurels AC with our orange and black uniforms. I was also the third string center for West Rocks Junior High School team in Norwalk, Connecticut. I was the only player not to score any points. The only basket I made was nullified for a goal tending violation. My ongoing claim to fame was to have been on the same team and Calvin Murphy. He was only 5’ 8” but went on to play for the Houston Rockets and made the Hall of Fame. Ed Mewing was our coach. I continue to follow basketball. As a graduate of the University of Connecticut, I can’t resist watching our Women’s Basketball team. As a resident of Tucson, I follow the University of Arizona’s Women’s Basketball team.

What does this all have to do with mediation? As I have recently watched the games, I realized that the jump ball or now the opening tip is only used to start a half. When I played basketball and two players both grabbed the ball, there was a jump ball to determine possession.

Now since about 1981, most competitions use the alternating possession rule to settle all jump ball situations after the opening tip. This uses a possession arrow on the scorekeeper's table. Whenever such a jump ball situation occurs, the team whose basket that the possession arrow is currently pointing to gets the ball. The arrow then swaps to point to the other team. At the start of the game, the arrow points to the team that lost the opening tip.
In mediation and in particular divorce mediation, we have to determine possession. Who has possession of the children, the cars, the home, the bank accounts and much more. More often than not and especially in a litigated divorce, the dispute is settled with an approach similar to a jump ball. In mediation we don’t always alternate possession but we often use that or another approach which is less competitive than a jump ball. It not only speeds up the process but seems to work better.

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com WM (206) 2/12/11