The Centre for Mediation and Dispute Resolution Looks at 2015 for Mediation Trends

January 1, 2016
Written by Lynne C. Halem

The Centre for Mediation and Dispute Resolution Director, Lynne Halem Looks Back at 2015

Mediation offers couples, families, and businesses a confidential forum for confronting their differences, a forum in which constructive and collaborative problem solving is the key to reaching agreements acceptable to all participants.

Changing trends in our mediation clients indicate an increased awareness of mediation as an alternative not only to litigation, but also to the resolution of issues that separate, divide, and injure families and businesses. As a problem-solving process, mediation is being recognized and touted as a way to confront differences without destroying relationships.

Even in divorce, where separation is the end product, relationships may be maintained, even strengthened, as parents continue to collaborate in the raising of their children and former spouses can communicate as individuals with a history to be preserved.

In looking back at our mediation clients’ situations, some trends emerge that couples and individuals, business colleagues, and/or families considering mediation may find helpful.

From Our Divorcing Clients:

• In 2015 an increased number of couples that elected to mediate their separation proceedings, remained business partners after divorce.
• We also noticed an increase in the number of couples that have been living apart for extended periods of time before deciding to divorce, and who then chose to mediate the terms of their separation agreement as they felt it was more reflective of their sentiments at the time.
• 2015 mediations at CMDR saw an increased number of couples choosing to co-parent their children under a joint physical custodianship arrangement; negiotiated and settled through a mediated process.
• We saw an increased number of divorcing couples with special needs children, which necessitates the inclusion of specific provisions in their agreement. These provisions were reached through cooperation and careful consideration, guided by an experienced mediator, for the future of all family members.
• In 2015, Our mediators handled an increased number of couples struggling with differing viewpoints on dealing with inheritances received or anticipated and/or substantial family gifting during the marriage.
• An increased number of married couples referred by therapists to deal with financial difference that are inferring with their relationships.
• An-increased number of couples that enter mediation to structure a prenuptial (or post nuptial) agreement
• An increased number of couples electing marital mediation, rather than separation or divorce

From Our Business Clients:

• An increased number of small business owners entering mediation to deal with stylistic and personal differences interfering with the operational success of their business. More of these situations were addressed through mediation.
• An increased number of business partners elected to mediate their differences rather than to break up their partnership.
• An increased number of business owners seeking to confront organizational issues in a collaborative, constructive manner chose to use the calmer mediation route rather than to superimpose change on their employees.

Family Mediations:

• CMDR saw an increased number of families entering mediation to determine the division of estates in 2015.
• We also saw an increased number of families wishing to resolve estate conflicts while preserving family relationships, who came to mediation at CMDR.
• An increased number of families entering mediation to deal with the ongoing care of elderly parents

Mediation offers couples, families, and businesses a confidential forum for confronting their differences, a forum in which constructive and collaborative problem solving is the key to reaching agreements acceptable to all participants.

Communication skills learned in mediation provide tools for dealing with future dilemmas.

Please Call Our Office For Answers To Your Questions – 781.239.1600