Because of geographical separation, domestic violence, or the preferences of the parties in mediation, a new technique has come into existence, which allows divorce mediation to take place by mail, fax, phone and e-mail.
This is done by co-mediators or mediators in two locations. In divorce cases, it is preferable that the two mediators be of different gender.
EACH PARTY TALKS TO BOTH MEDIATORS DURING HIS OR HER SESSION AND AT THE END OF THE OTHER PARTY’S SESSION.
Some parties find it to painful or uncomfortable to meet face-to-face. Often, they are geographically separated.
After the fact-finding stage, the reports of each individual session are put in writing and relayed to the other party. Both parties have full opportunity to explain their point of view, their wants and needs. Each party responds to the memoranda that have been forwarded to that party. The receiving party can revise, modify, and/or subtract to anything that has been sent. Both parties are always current with the items that have been resolved and with the items where agreement has yet to be reached.
Each party talks to both mediators during his or her session and at the completion of the other party’s session.
It is believed that the involvement of two mediators strengthens credibility as to what the other party said or did during his or her mediation session. That, along with supporting memoranda, which progressively detail the progress of the items being mediated, both parties are provided with a sense or feel as though he or she had been present when the mediators were talking with the other party.
When it is all over and a mutually satisfactory agreement has been reached, the parties are urged to join in a celebratory conference call or on-line meeting. This contact, of course, is not mandatory.
This form of mediation can be quite effective. The various technological advances are making it increasingly more popular.
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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.