Tuesday, March 3, 2009

Can a Couple Participate in Divorce Mediation if One of Them Lives Out of Town? by Robin Duboe Seigle, J.D., Dir., NCRC Divorce Mediation Services

Divorce mediation is a facilitated negotiation which requires the participation of both people, but they do not have to be physically in the same room. Mediation can work if one is with the Mediator and the other person participates by speaker phone, or with both parties participating in a 3-way conference call.

If at all possible, it is advantageous for both people to attend the first session (or at least one session) in person so they can develop a rapport with the mediator. However, we have worked with clients where one or both people lived in another county or state and did not have the ability and/or financial resources to commute to San Diego. They (and the mediator) may miss the benefit of seeing the facial expressions and body language of the other person, but it can be overcome. Cases with one or both people participating by telephone resolve as often as the cases where both people are present.

Sometimes, even local couples will choose to have some of their sessions in a 3-way conference call for convenience when scheduling is difficult.

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