If you have an experienced facilitator, the success of mediation, the attitude of the participants. I never had a failed mediation in which all parties have acted in good faith. Some of the behaviors associated with mediation are:
- Walls
- Add to blame and punish
- Harassment
- Hiding of assets and information
- Lawyer disorders
Muri
Like the bricklayer, the tears on her work and begins again and againOnce again, because a rock does not fit just right, the policy of blockade spouses are working to reach different agreements, to change their minds only when it is obvious that the main issues in dispute
been resolved.
This behavior is often a spouse who does not want the divorce and who is using this behavior (sometimes unwittingly) issued to avoid the inevitable. Unless the mediator recognizes and effective treatment of them, will assume the pairwhich have reached an impasse and allow the mediation frustrated, and then turn the task of solving their problems of divorce through the court.
Sometimes the walls may be a symptom that a decision was taken early on divorce, and give one or both spouses to scream, and the marriage another chance. I am looking for some of these actions block the case and with the agreement of marriage counseling or to take measures to resolve the conflicts seen in theMarriage. Although fasting is usually the mediation in such cases, these cases are brought under the mediation of success, that couples to an unexpected resolution.
Crime and punishment
Some people try to use mediation as a forum in which the other spouse liable for the failure of the marriage. With this in mind, which often seek to form an alliance with intermediary organizations, began their "bad", the punishment for the crimes that the spouse during marriage.
AlthoughSometimes it is useful for a spouse who is angry, his feelings with some irregularities that are associated with expression of the opposite side is the role of mediator for the couple's attention to the problems to be solved in order to legally end their marriage to be managed.
Sometimes a brief divergence in the circumstances in which some of the difficulties that led
the failure of marriage may be easier for a couple through the mediation of this particular workif he wears the expression of positive feelings, or even an apology, but that requires great skill and sensitivity by the mediator.
And 'the role of the mediator not to allow negative feelings to the perception of the couple, like interfering a just solution to their divorce. An ombudsman understands that marriages are not usually the result of the actions of both sides and the attempt to deflect blame or guilt as a basis for the solutionFinancial and educational accountability questions.
If one or both parties may need the other for their failed marriage, the punishment of the party's court in search of support for the application of sanctions to punish often. It can take years for the punishment of spouses to learn that the judges are generally not very effective forum for the application of sanctions.
Experiments should not be punished with discussions on the bad behavior on the part of both spouses to be mistaken for the purposesCreating a fair agreement. Sometimes the actions of one or both spouses, children or financial consequences that should not be ignored during the process of mediation. The importance of behavioral problems are described in detail in chapter explains how to decide, as usual. "
BULLYING
In marriages with a long history of power imbalance in a person who makes the decisions and
the other goes with them is the decision-making spouse receive mediation as a means of trainingto get what he wants, regardless of legal rights or objective of fair play.
These couples are often enters en mediation, after reaching an agreement on all issues. This agreement will be extremely useful, in general, the couple more, but the couple, the mediator makes sure this is what they both want and that is why the agreement should be approved by the court.
As the mediation progresses, it becomes clear that s often the leastpowerful spouse knows that the proposed agreement is unjust, but to do something to avoid conflicts with their spouse. This is particularly likely if the spouse does not put weaker for the financial resources available for the case in court.
The bride and groom most of us know from experience that if he or she will only continue to agree to the spouse side weaker, an extremely unjust divorce.
In some countries the courts step aside suchAgreements, particularly with regard to their impact on children, but some courts will approve bit 'of everything.
In such cases, the only way to get even close to a fair resolution through the courts. Unfortunately, the weaker spouse is seen infrequently, the action or even the threat of it, a viable alternative.
Hide and information activities
Sometimes a person who is to decide disputes in mediation, because they believe they can persuade their spousesagrees to pay without being aware that certain activities or information. Which an individual perceives, often also the facilitator as someone who can be deceived, to push or to other means, so that the documents hidden before being released.
Full disclosure of information is a mandatory part of the mediation process, and any failure or refusal of documents or information to give, it should immediately be stopped. Full cooperation and communication is a fundamental principle of mediation,Without it, no agency may take in good faith.
A competent mediator will end the mediation if it becomes a problem. The parties then the opportunity to go to court and after the Court, as if some documents are made available.
Once this problem was resolved by the courts, mediation is still possible.
ACCIDENT ATTORNEY
Divorce, couples are usually cooperative work, in order to resolve their conflicts aretheir lawyers. Lawyers are trained to be the positioning and simplify the issues in clear victories and defeats for their customers. They are trained to avoid leaks and to fight until the last minute to get to their customers.
Couples Divorce understand the rule that you can not have everything their way, and that negotiations in good faith, brings other rewards, like a faster resolution of their divorce, and less emotional and financial harm to themselves and theirChildren.
His lawyers do not always have similar motivations. From the perspective of lawyers, "the longer the divorce to make more money themselves, and have better chances to show their skills as a litigator.
Not so unusual for a client wanted to settle the case for mediation, but on the advice of the resignation of the mediation and ask the Court to resolve the outstanding issues. Instead of giving up teaching, some couples are ablebe on a dead-end consulting with lawyers on various issues and the progress of the mediation.
MEDIATION RESCUE
There should be a sense of progress, as a couple goes with the mediation. If one or both parties feel nowhere, after three or more sessions, or if it remains committed to a particular topic should be discussed with the mediator. If this discussion does not satisfy both parties, that progress is made,This means that the time has come, mediation is abandoned. It is not unusual, with a second mediator, even if carried out with little success, to be or nothing with the first agent. This is because there are big differences between brokerage houses in relation to quality of service and expertise.
