Myth Six
Nice guys finish last.
Many people entering mediation have a fear of being taken advantage of. The level of trust between separating spouses, and their lawyers if they have lawyers, is understandably low. Mediation is a very “open” process in which there is little room for negotiating “tactics”. Being asked to drop the tactics and be open and honest about what you really want is likely to make anyone going through a separation feel even more exposed and vulnerable. But this is where the mediator comes in. The mediator knows, from her initial interviews, what each party really wants. It is her job to keep the parties on track, to pull them aside in private if they seem to be “giving in” and make sure that they are making voluntary and informed choices. And to call for a break in the mediation or recommend a further legal consultation if either party feels he or she is being taken advantage of.
Stay tuned next week for Myth Seven…
